Terms Used In Utah Code > Title 78B > Chapter 7 > Part 6 - Cohabitant Abuse Protective Orders

• 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
• 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.
• 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
• Contract: A legal written agreement that becomes binding when signed.
• Court: means the district court or juvenile court. See Utah Code 78B-7-201
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• Domestic violence: means the same as that term is defined in Section 77-36-1. See Utah Code 78B-7-102
• 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 cohabitant abuse protective order: means an order issued without notice to the respondent under this part. See Utah Code 78B-7-601
• Household animal: means an animal that is tamed and kept as a pet. See Utah Code 78B-7-102
• 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
• 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
• Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
• 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
• Qualifying domestic violence offense: means the same as that term is defined in Section Utah Code 78B-7-102
• Respondent: means the individual against whom enforcement of a protective order is sought. See Utah Code 78B-7-102
• 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
• 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
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• 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