Terms Used In Utah Code > Title 77 > Chapter 36 - Cohabitant Abuse Procedures Act

• Allegation: something that someone says happened.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
• Arrest: Taking physical custody of a person by lawful authority.
• City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• Cohabitant: means the same as that term is defined in Section 78B-7-102. See Utah Code 77-36-1
• Commission: means the State Tax Commission. See Utah Code 41-1a-102
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Contract: A legal written agreement that becomes binding when signed.
• Conviction: A judgement of guilt against a criminal defendant.
• Department: means the Department of Public Safety. See Utah Code 77-36-1
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• Division: means the Motor Vehicle Division of the commission, created in Section 41-1a-106. See Utah Code 41-1a-102
• Divorced: means an individual who has obtained a divorce under Title 30, Chapter 3, Divorce. See Utah Code 77-36-1
• Docket: A log containing brief entries of court proceedings.
• domestic violence offense: includes the commission of or attempt to commit, any of the following offenses by one cohabitant against another:
            (4)(b)(i) aggravated assault under Section 76-5-103;
            (4)(b)(ii) aggravated cruelty to an animal under Subsection 76-9-301(4), with the intent to harass or threaten the other cohabitant;
            (4)(b)(iii) assault under Section 76-5-102;
            (4)(b)(iv) criminal homicide under Section 76-5-201;
            (4)(b)(v) harassment under Section 76-5-106;
            (4)(b)(vi) electronic communication harassment under Section 76-9-201;
            (4)(b)(vii) kidnapping, child kidnapping, or aggravated kidnapping under Sections 76-5-301, Utah Code 77-36-1
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Farm truck: means a truck used by the owner or operator of a farm solely for the owner's or operator's own use in the transportation of:
            (24)(a)(i) farm products, including livestock and its products, poultry and its products, floricultural and horticultural products;
            (24)(a)(ii) farm supplies, including tile, fence, and any other thing or commodity used in agricultural, floricultural, horticultural, livestock, and poultry production; and
            (24)(a)(iii) livestock, poultry, and other animals and things used for breeding, feeding, or other purposes connected with the operation of a farm. See Utah Code 41-1a-102
• Highway: includes :
       (15)(a) a public bridge;
       (15)(b) a county way;
       (15)(c) a county road;
       (15)(d) a common road; and
       (15)(e) a state road. See Utah Code 68-3-12.5
• Identification number: includes a vehicle identification number, state assigned identification number, hull identification number, and motor serial number. See Utah Code 41-1a-102
• Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Marital status: means married and living together, divorced, separated, or not married. See Utah Code 77-36-1
• Married and living together: means a couple whose marriage was solemnized under Section 30-1-4 or 30-1-6 and who are living in the same residence. See Utah Code 77-36-1
• Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
• Motor vehicle: means a self-propelled vehicle intended primarily for use and operation on the highways. See Utah Code 41-1a-102
• Motorcycle: means :
       (43)(a) a motor vehicle having a saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground; or
       (43)(b) an autocycle. See Utah Code 41-1a-102
• Not married: means any living arrangement other than married and living together, divorced, or separated. See Utah Code 77-36-1
• Original issue license plate: means a license plate that is of a format and type issued by the state in the same year as the model year of a vehicle that is a model year 1973 or older. See Utah Code 41-1a-102
• Owner: means a person, other than a lienholder, holding title to a vehicle, vessel, or outboard motor whether or not the vehicle, vessel, or outboard motor is subject to a security interest. See Utah Code 41-1a-102
• Person: means :
       (24)(a) an individual;
       (24)(b) an association;
       (24)(c) an institution;
       (24)(d) a corporation;
       (24)(e) a company;
       (24)(f) a trust;
       (24)(g) a limited liability company;
       (24)(h) a partnership;
       (24)(i) a political subdivision;
       (24)(j) a government office, department, division, bureau, or other body of government; and
       (24)(k) any other organization or entity. See Utah Code 68-3-12.5
• Personalized license plate: means a license plate that has displayed on it a combination of letters, numbers, or both as requested by the owner of the vehicle and assigned to the vehicle by the division. See Utah Code 41-1a-102
• Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
• Plea agreement: An arrangement between the prosecutor, the defense attorney, and the defendant in which the defendant agrees to plead guilty in exchange for special considerations. ^Source:
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Property: includes both real and personal property. See Utah Code 68-3-12.5
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Protective order: includes an order issued under Subsection 78B-7-804(3). See Utah Code 77-36-1
• Registration: means a document issued by a jurisdiction that allows operation of a vehicle or vessel on the highways or waters of this state for the time period for which the registration is valid and that is evidence of compliance with the registration requirements of the jurisdiction. See Utah Code 41-1a-102
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Sentencing protective order: means a written order of the court as part of sentencing in a domestic violence case that limits the contact an individual who is convicted or adjudicated of a domestic violence offense may have with a victim or other specified individuals under Section 78B-7-804. See Utah Code 77-36-1
• Separated: means a couple who have had their marriage solemnized under Section 30-1-4 or 30-1-6 and who are not living in the same residence. See Utah Code 77-36-1
• Sex: means , in relation to an individual, the individual's biological sex, either male or female, at birth, according to distinct reproductive roles as manifested by:
       (34)(a) sex and reproductive organ anatomy;
       (34)(b) chromosomal makeup; and
       (34)(c) endogenous hormone profiles. See Utah Code 68-3-12.5
• Special group license plate: means a type of license plate designed for a particular group of people or a license plate authorized and issued by the division in accordance with Section 41-1a-418 or Part 16, Sponsored Special Group License Plates. See Utah Code 41-1a-102
• State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
• Symbol decal: means the decal that is designed to represent a special group and displayed on a special group license plate. See Utah Code 41-1a-102
• Title: means the right to or ownership of a vehicle, vessel, or outboard motor. See Utah Code 41-1a-102
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
• Vehicle: includes a motor vehicle, trailer, semitrailer, off-highway vehicle, camper, park model recreational vehicle, manufactured home, and mobile home. See Utah Code 41-1a-102
• Verdict: The decision of a petit jury or a judge.
• Victim: means a cohabitant who has been subjected to domestic violence. See Utah Code 77-36-1
• Victim advocate: work with prosecutors and assist the victims of a crime.
• Vintage vehicle: means the same as that term is defined in Section 41-21-1. See Utah Code 41-1a-102
• Writing: includes :
       (48)(a) printing;
       (48)(b) handwriting; and
       (48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5