Terms Used In Utah Code > Title 78B > Chapter 7 > Part 7 - Civil 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
• 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.
• Allegation: something that someone says happened.
• 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
• 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
• 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.
• 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 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
• Foreign protection order: means the same as that term is defined in Section 78B-7-302. See Utah Code 78B-7-102
• 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
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Protective order: means :
       (5)(a) a child protective order; or
       (5)(b) an ex parte child protective order. See Utah Code 78B-7-201
• Respondent: means the individual against whom enforcement of a protective order is sought. See Utah Code 78B-7-102
• Stalking: means the same as that term is defined in Section Utah Code 78B-7-102
• 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
• 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