Terms Used In Utah Code > Title 78B > Chapter 7 - Protective Orders and Stalking Injunctions

• Abuse: means , except as provided in Section 78B-7-201, intentionally or knowingly causing or attempting to cause another individual physical harm or intentionally or knowingly placing another individual in reasonable fear of imminent physical harm. See Utah Code 78B-7-102
• Administrator: means the motor vehicle enforcement administrator. See Utah Code 41-3-102
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Affinity: means the same as that term is defined in Section Utah Code 78B-7-102
• agency: means a state, county, or local government entity that generates or maintains records relating to a civil order for which expungement may be ordered. See Utah Code 78B-7-1001
• Agent: means a person other than a holder of any dealer's or salesperson's license issued under this chapter, who for salary, commission, or compensation of any kind, negotiates in any way for the sale, purchase, order, or exchange of three or more motor vehicles for any other person in any 12-month period. See Utah Code 41-3-102
• Allegation: something that someone says happened.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Arrest: Taking physical custody of a person by lawful authority.
• Auction: means a dealer engaged in the business of auctioning motor vehicles, either owned or consigned, to the general public. See Utah Code 41-3-102
• Authorized service center: means an entity that:
       (4)(a) is in the business of repairing exclusively the motor vehicles of the same line-make as the motor vehicles a single direct-sale manufacturer manufactures;
       (4)(b) the direct-sale manufacturer described in Subsection (4)(a) authorizes to complete warranty repair work for motor vehicles that the direct-sale manufacturer sells, displays for sale, or offers for sale or exchange; and
       (4)(c) conducts business primarily from an enclosed commercial repair facility that is permanently located in the state. See Utah Code 41-3-102
• Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
• Body shop: means a person engaged in rebuilding, restoring, repairing, or painting the body of motor vehicles for compensation. See Utah Code 41-3-102
• Child protective order: means an order issued under this part after a hearing on the petition, of which the petitioner and respondent have been given notice. See Utah Code 78B-7-201
• Civil order: means :
       (2)(a) an ex parte civil protective order;
       (2)(b) an ex parte civil stalking injunction;
       (2)(c) a civil protective order; or
       (2)(d) a civil stalking injunction. See Utah Code 78B-7-1001
• Civil protective order: means an order issued, subsequent to a hearing on the petition, of which the petitioner and respondent have been given notice, under:
       (3)(a) Part 2, Child Protective Orders;
       (3)(b) Part 4, Dating Violence Protective Orders;
       (3)(c) Part 5, Sexual Violence Protective Orders;
       (3)(d) Part 6, Cohabitant Abuse Protective Orders; or
       (3)(e) Part 11, Workplace Violence Protective Orders. See Utah Code 78B-7-102
• Civil stalking injunction: means a stalking injunction issued under Part 7, Civil Stalking Injunctions. See Utah Code 78B-7-102
• Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
• Cohabitant: means an emancipated individual under Section 15-2-1 or an individual who is 16 years old or older who:
            (5)(a)(i) is or was a spouse of the other party;
            (5)(a)(ii) is or was living as if a spouse of the other party;
            (5)(a)(iii) is related by blood or marriage to the other party as the individual's parent, grandparent, sibling, or any other individual related to the individual by consanguinity or affinity to the second degree;
            (5)(a)(iv) has or had one or more children in common with the other party;
            (5)(a)(v) is the biological parent of the other party's unborn child;
            (5)(a)(vi) resides or has resided in the same residence as the other party; or
            (5)(a)(vii) is or was in a consensual sexual relationship with the other party. See Utah Code 78B-7-102
• Cohabitant abuse protective order: means an order issued under this part after a hearing on the petition, of which the petitioner and respondent have been given notice. See Utah Code 78B-7-601
• Commission: means the State Tax Commission. See Utah Code 41-3-102
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Consanguinity: means the same as that term is defined in Section Utah Code 78B-7-102
• Continuance: Putting off of a hearing ot trial until a later time.
• Contract: A legal written agreement that becomes binding when signed.
• Conviction: A judgement of guilt against a criminal defendant.
• Conviction: means :
       (1)(a) a verdict or conviction;
       (1)(b) a plea of guilty or guilty with a mental condition;
       (1)(c) a plea of no contest; or
       (1)(d) the acceptance by the court of a plea in abeyance. See Utah Code 78B-7-901
• Court: means the district court or juvenile court. See Utah Code 78B-7-201
• Court clerk: means a district court clerk. See Utah Code 78B-7-102
• Criminal protective order: means an order issued under Part 8, Criminal Protective Orders. See Utah Code 78B-7-102
• Criminal stalking injunction: means a stalking injunction issued under Part 9, Criminal Stalking Injunctions. See Utah Code 78B-7-102
• Crusher: means a person who crushes or shreds motor vehicles subject to registration under Chapter 1a, Motor Vehicle Act, to reduce the useable materials and metals to a more compact size for recycling. See Utah Code 41-3-102
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Dating partner: means an individual who:
            (10)(a)(i)

                 (10)(a)(i)(A) is an emancipated individual under Section 15-2-1 or Title 80, Chapter 7, Emancipation; or

                 (10)(a)(i)(B) is 18 years old or older; and
            (10)(a)(ii) is, or has been, in a dating relationship with the other party. See Utah Code 78B-7-102
• Dating relationship: means a social relationship of a romantic or intimate nature, or a relationship which has romance or intimacy as a goal by one or both parties, regardless of whether the relationship involves sexual intimacy. See Utah Code 78B-7-102
• Dating violence protective order: means an order issued under this part after a hearing on the petition, of which the petitioner and respondent have been given notice. See Utah Code 78B-7-402
• Dealer: includes a representative or consignee of any dealer. See Utah Code 41-3-102
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Direct-sale manufacturer: means a person:
       (9)(a) that is both a manufacturer and a dealer;
       (9)(b) that is:

            (9)(b)(i) an electric vehicle manufacturer; or

            (9)(b)(ii) a low-volume manufacturer;
       (9)(c) that is not a franchise holder;
       (9)(d) that is domiciled in the United States; and
       (9)(e) whose chief officers direct, control, and coordinate the person's activities as a direct-sale manufacturer from a physical location in the United States. See Utah Code 41-3-102
• Direct-sale manufacturer salesperson: means an individual who for a salary, commission, or compensation of any kind, is employed either directly, indirectly, regularly, or occasionally by a direct-sale manufacturer to sell, purchase, or exchange or to negotiate for the sale, purchase, or exchange of a motor vehicle manufactured by the direct-sale manufacturer who employs the individual. See Utah Code 41-3-102
• Dismantler: includes a person who dismantles three or more motor vehicles in any 12-month period. See Utah Code 41-3-102
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• Distributor: means a person who has a franchise from a manufacturer of motor vehicles to distribute motor vehicles within this state and who in whole or in part sells or distributes new motor vehicles to dealers or who maintains distributor representatives. See Utah Code 41-3-102
• Distributor branch: means a branch office similarly maintained by a distributor for the same purposes a factory branch is maintained. See Utah Code 41-3-102
• Distributor representative: means a person and each officer and employee of the person engaged as a representative of a distributor or distributor branch of motor vehicles to make or promote the sale of the distributor or the distributor branch's motor vehicles, or for supervising or contacting dealers or prospective dealers of the distributor or the distributor branch. See Utah Code 41-3-102
• Division: means the Motor Vehicle Enforcement Division created in Section 41-3-104. See Utah Code 41-3-102
• Domestic violence: means the same as that term is defined in Section 77-36-1. See Utah Code 78B-7-102
• Employee: means an employee in the service of an employer for compensation. See Utah Code 78B-7-1101
• Employer: means a person who employs an individual in this state. See Utah Code 78B-7-1101
• Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• 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.
• Ex parte child protective order: means an order issued without notice to the respondent under this part. See Utah Code 78B-7-201
• Ex parte civil protective order: means an order issued without notice to the respondent under:
       (13)(a) Part 2, Child Protective Orders;
       (13)(b) Part 4, Dating Violence Protective Orders;
       (13)(c) Part 5, Sexual Violence Protective Orders;
       (13)(d) Part 6, Cohabitant Abuse Protective Orders; or
       (13)(e) Part 11, Workplace Violence Protective Orders. See Utah Code 78B-7-102
• Ex parte civil stalking injunction: means a stalking injunction issued without notice to the respondent under Part 7, Civil Stalking Injunctions. See Utah Code 78B-7-102
• Ex parte cohabitant abuse protective order: means an order issued without notice to the respondent under this part. See Utah Code 78B-7-601
• Ex parte dating violence protective order: means an order issued without notice to the respondent under this part. See Utah Code 78B-7-402
• Ex parte sexual violence protective order: means an order issued without notice to the respondent under this part. See Utah Code 78B-7-502
• Ex parte workplace violence protective order: means an order issued without notice to the respondent under this part. See Utah Code 78B-7-1101
• Expunge: means to seal or otherwise restrict access to an individual's record held by an agency when the record includes a civil order. See Utah Code 78B-7-1001
• Factory branch: means a branch office maintained by a person who manufactures or assembles motor vehicles for sale to distributors, motor vehicle dealers, or who directs or supervises the factory branch's representatives. See Utah Code 41-3-102
• Factory representative: means a person and each officer and employee of the person engaged as a representative of a manufacturer of motor vehicles or by a factory branch to make or promote the sale of the manufacturer's or factory branch's motor vehicles, or for supervising or contacting the dealers or prospective dealers of the manufacturer or the factory branch. See Utah Code 41-3-102
• Fleet transaction: means a licensee's sale of one or more motor vehicles to a manufacturer-approved current fleet customer under the manufacturer's fleet program. See Utah Code 41-3-102
• Foreign protection order: means the same as that term is defined in Section 78B-7-302. See Utah Code 78B-7-102
• Foreign protection order: means a protection order issued by a tribunal of another state. See Utah Code 78B-7-302
• Franchise: includes a contract or agreement described in Subsection (20)(a) regardless of whether the contract or agreement is subject to Title 13, Chapter 14, New Automobile Franchise Act, Title 13, Chapter 35, Powersport Vehicle Franchise Act, or neither. See Utah Code 41-3-102
• Fraud: Intentional deception resulting in injury to another.
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Guardian: includes a person who:
       (14)(a) qualifies as a guardian of a minor or incapacitated person pursuant to testamentary or court appointment; or
       (14)(b) is appointed by a court to manage the estate of a minor or incapacitated person. See Utah Code 68-3-12.5
• Household animal: means an animal that is tamed and kept as a pet. See Utah Code 78B-7-102
• Immediate family: means the same as that term is defined in Section Utah Code 78B-7-901
• Impeachment: (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate.
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Intimate partner: means the same as that term is defined in Utah Code 78B-7-102
• Issuing state: means the state whose tribunal issues a protection order. See Utah Code 78B-7-302
• Jail release agreement: includes a written agreement that includes the conditions described in Section (1)(a) entered into by a minor who is taken into custody or placed in detention or a shelter facility under Section 80-6-201. See Utah Code 78B-7-801
• Jail release court order: means a written court order that:
       (2)(a) orders an arrested or cited individual not to engage in any of the following:

            (2)(a)(i) telephoning, contacting, or otherwise communicating with the alleged victim, directly or indirectly;

            (2)(a)(ii) threatening or harassing the alleged victim; or

            (2)(a)(iii) knowingly entering onto the premises of the alleged victim's residence or on premises temporarily occupied by the alleged victim, unless, after a law enforcement officer or the law enforcement officer's employing agency notifies or attempts to notify the alleged victim, the individual enters the premises while accompanied by a law enforcement officer for the purpose of retrieving the individual's personal belongings; and
       (2)(b) specifies other conditions of release from jail. See Utah Code 78B-7-801
• 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.
• law enforcement agency: means any public agency having general police power and charged with making arrests in connection with enforcement of the criminal statutes and ordinances of this state or any political subdivision. See Utah Code 78B-7-102
• Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Line-make: means motor vehicles that are offered for sale, lease, or distribution under a common name, trademark, service mark, or brand name of the manufacturer. See Utah Code 41-3-102
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Manufacturer: means a person engaged in the business of constructing or assembling new motor vehicles, ownership of which is customarily transferred by a manufacturer's statement or certificate of origin, or a person who constructs three or more new motor vehicles in any 12-month period. See Utah Code 41-3-102
• Minor: means the same as that term is defined in Section 80-1-102. See Utah Code 78B-7-801
• Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
• Motor vehicle: means a vehicle that is:
            (26)(a)(i) self-propelled;
            (26)(a)(ii) a trailer;
            (26)(a)(iii) a travel trailer;
            (26)(a)(iv) a semitrailer;
            (26)(a)(v) an off-highway vehicle; or
            (26)(a)(vi) a small trailer. See Utah Code 41-3-102
• Mutual foreign protection order: means a foreign protection order that includes provisions in favor of both the protected individual seeking enforcement of the order and the respondent. See Utah Code 78B-7-302
• New motor vehicle: means a motor vehicle that:
       (28)(a) has never been titled or registered; and
       (28)(b) for a motor vehicle that is not a trailer, travel trailer, or semitrailer, has been driven less than 7,500 miles. See Utah Code 41-3-102
• Offense against a child or vulnerable adult: means the commission or attempted commission of an offense described in:
       (4)(a) Section 76-5-109, child abuse;
       (4)(b) Section Utah Code 78B-7-801
• Oversight: Committee review of the activities of a Federal agency or program.
• Peace officer: means those individuals specified in Title 53, Chapter 13, Peace Officer Classifications. See Utah Code 78B-7-102
• 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
• Personal property: All property that is not real property.
• Personal property: includes :
       (25)(a) money;
       (25)(b) goods;
       (25)(c) chattels;
       (25)(d) effects;
       (25)(e) evidences of a right in action;
       (25)(f) a written instrument by which a pecuniary obligation, right, or title to property is created, acknowledged, transferred, increased, defeated, discharged, or diminished; and
       (25)(g) a right or interest in an item described in Subsections (25)(a) through (f). See Utah Code 68-3-12.5
• Petitioner: means an individual petitioning for expungement of a civil order under this part. See Utah Code 78B-7-1001
• 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.
• Principal place of business: means a site or location in this state:
            (31)(a)(i) devoted exclusively to the business for which the dealer, manufacturer, remanufacturer, transporter, dismantler, crusher, or body shop is licensed, and businesses incidental to them;
            (31)(a)(ii) sufficiently bounded by fence, chain, posts, or otherwise marked to definitely indicate the boundary and to admit a definite description with space adequate to permit the display of three or more new, or new and used, or used motor vehicles and sufficient parking for the public; and
            (31)(a)(iii) that includes a permanent enclosed building or structure large enough to accommodate the office of the establishment and to provide a safe place to keep the books and other records of the business, at which the principal portion of the business is conducted and the books and records kept and maintained. See Utah Code 41-3-102
• 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.
• Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
• Property: includes both real and personal property. See Utah Code 68-3-12.5
• Protected individual: means an individual protected by a protection order. See Utah Code 78B-7-302
• Protection order: means an injunction or other order, issued by a tribunal under the domestic violence, family-violence, or anti-stalking laws of the issuing state, to prevent an individual from engaging in violent or threatening acts against, harassment of, contact or communication with, or physical proximity to, another individual. See Utah Code 78B-7-302
• Protective order: means :
       (5)(a) a child protective order; or
       (5)(b) an ex parte child protective order. See Utah Code 78B-7-201
• Protective order: means :
       (3)(a) a dating violence protective order; or
       (3)(b) an ex parte dating violence protective order. See Utah Code 78B-7-402
• Protective order: means :
       (2)(a) a sexual violence protective order; or
       (2)(b) an ex parte sexual violence protective order. See Utah Code 78B-7-502
• Protective order: means :
       (3)(a) a cohabitant abuse protective order; or
       (3)(b) an ex parte cohabitant abuse protective order. See Utah Code 78B-7-601
• Protective order: means :
       (4)(a) a workplace violence protective order; or
       (4)(b) an ex parte workplace violence protective order. See Utah Code 78B-7-1101
• Qualifying domestic violence offense: means the same as that term is defined in Section Utah Code 78B-7-102
• Qualifying offense: means :
       (5)(a) domestic violence;
       (5)(b) an offense against a child or vulnerable adult; or
       (5)(c) the commission or attempted commission of an offense described in Section Utah Code 78B-7-801
• 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.
• Remanufacturer: means a person who reconstructs used motor vehicles subject to registration under Chapter 1a, Motor Vehicle Act, to change the body style and appearance of the motor vehicle or who constructs or assembles motor vehicles from used or new and used motor vehicle parts, or who reconstructs, constructs, or assembles three or more motor vehicles in any 12-month period. See Utah Code 41-3-102
• Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
• Respondent: means the individual against whom enforcement of a protective order is sought. See Utah Code 78B-7-102
• Respondent: means the individual against whom enforcement of a protection order is sought. See Utah Code 78B-7-302
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Salesperson: means an individual who for a salary, commission, or compensation of any kind, is employed either directly, indirectly, regularly, or occasionally by any new motor vehicle dealer or used motor vehicle dealer to sell, purchase, or exchange or to negotiate for the sale, purchase, or exchange of motor vehicles. See Utah Code 41-3-102
• Service of process: The service of writs or summonses to the appropriate party.
• 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
• Sexual violence: means the commission or the attempt to commit:
       (3)(a) any sexual offense described in Title 76, Chapter 5, Part 4, Sexual Offenses, or Title 76, Chapter 5b, Part 2, Sexual Exploitation;
       (3)(b) human trafficking for sexual exploitation under Section Utah Code 78B-7-502
• Sexual violence protective order: means an order issued under this part after a hearing on the petition, of which the petitioner and respondent have been given notice. See Utah Code 78B-7-502
• Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
• Special equipment: includes a truck mounted crane, cherry picker, material lift, post hole digger, and a utility or service body. See Utah Code 41-3-102
• Special equipment dealer: means a new or new and used motor vehicle dealer engaged in the business of buying new incomplete motor vehicles with a gross vehicle weight of 12,000 or more pounds and installing special equipment on the incomplete motor vehicle. See Utah Code 41-3-102
• Stalking: means the same as that term is defined in Section Utah Code 78B-7-102
• State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Utah Code 78B-7-302
• 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
• Subpoena: A command to a witness to appear and give testimony.
• Summons: Another word for subpoena used by the criminal justice system.
• Swear: includes "affirm. See Utah Code 68-3-12.5
• Trailer: means the same as that term is defined in Section 41-1a-102. See Utah Code 41-3-102
• Transporter: means a person engaged in the business of transporting motor vehicles as described in Section 41-3-202. See Utah Code 41-3-102
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Tribunal: means a court, agency, or other entity authorized by law to issue or modify a protection order. See Utah Code 78B-7-302
• United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
• Used motor vehicle: means a vehicle that:
       (42)(a) has been titled and registered to a purchaser other than a dealer; or
       (42)(b) for a motor vehicle that is not a trailer, travel trailer, or semitrailer, has been driven 7,500 or more miles. See Utah Code 41-3-102
• Verdict: The decision of a petit jury or a judge.
• Wholesale motor vehicle auction: means a dealer primarily engaged in the business of auctioning consigned motor vehicles to dealers or dismantlers who are licensed by this or any other jurisdiction. See Utah Code 41-3-102
• Workplace violence: means knowingly causing or threatening to cause bodily injury to, or significant damage to the property of, a person, if:
       (5)(a) the person is:

            (5)(a)(i) an employer; or

            (5)(a)(ii) an employee performing the employee's duties as an employee; and
       (5)(b)

            (5)(b)(i) the action would cause a reasonable person to feel terrorized, frightened, intimidated, or harassed; or

            (5)(b)(ii) the threat:

                 (5)(b)(ii)(A) would cause a reasonable person to fear that the threat will be carried out; and

                 (5)(b)(ii)(B) if carried out, would cause a reasonable person to feel terrorized, frightened, intimidated, or harassed. See Utah Code 78B-7-1101
• Workplace violence protective order: means an order issued under this part after a hearing on the petition, of which the petitioner and respondent have been given notice. See Utah Code 78B-7-1101
• 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