Section 40-13-2 - Definitions.
40-13-2. Definitions.
As used in the Family Violence Protection Act:
A. "continuing personal relationship" means a dating or intimate relationship;
B. "co-parents" means persons who have a child in common, regardless of whether they have been married or have lived together at any time;
C. "court" means the district court of the judicial district where an alleged victim of domestic abuse resides or is found;
D. "domestic abuse":
(1) means an incident of stalking or sexual assault whether committed by a household member or not;
(2) means an incident by a household member against another household member consisting of or resulting in:
(a) physical harm;
(b) severe emotional distress;
(c) bodily injury or assault;
(d) a threat causing imminent fear of bodily injury by any household member;
(e) criminal trespass;
(f) criminal damage to property;
(g) repeatedly driving by a residence or work place;
(h) telephone harassment;
(i) harassment; or
(j) harm or threatened harm to children as set forth in this paragraph; and
(3) does not mean the use of force in self-defense or the defense of another;
E. "household member" means a spouse, former spouse, parent, present or former stepparent, present or former parent in-law, grandparent, grandparent-in-law, child, stepchild, grandchild, co-parent of a child or a person with whom the petitioner has had a continuing personal relationship. Cohabitation is not necessary to be deemed a household member for purposes of this section;
F. "mutual order of protection" means an order of protection that includes provisions that protect both parties;
G. "order of protection" means an injunction or a restraining or other court order granted for the protection of a victim of domestic abuse;
H. "protected party" means a person protected by an order of protection; and
I. "restrained party" means a person who is restrained by an order of protection.