Terms Used In Utah Code > Title 78B > Chapter 7 > Part 8 - Criminal 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
• Arrest: Taking physical custody of a person by lawful authority.
• 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.
• Conviction: A judgement of guilt against a criminal defendant.
• Court: means the district court or juvenile court. See Utah Code 78B-7-201
• 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.
• 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
• 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
• Minor: means the same as that term is defined in Section 80-1-102. See Utah Code 78B-7-801
• 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
• 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
• 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.
• 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
• Protective order: means :
       (5)(a) a child protective order; or
       (5)(b) an ex parte child protective order. See Utah Code 78B-7-201
• 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
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• 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
• Summons: Another word for subpoena used by the criminal justice system.
• 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