78B-7-102 - Definitions.
78B-7-102. Definitions.
As used in this chapter:
(1) "Abuse" means intentionally or knowingly causing or attempting to cause acohabitant physical harm or intentionally or knowingly placing a cohabitant in reasonable fear ofimminent physical harm.
(2) "Cohabitant" means an emancipated person pursuant to Section 15-2-1 or a personwho is 16 years of age or older who:
(a) is or was a spouse of the other party;
(b) is or was living as if a spouse of the other party;
(c) is related by blood or marriage to the other party;
(d) has one or more children in common with the other party;
(e) is the biological parent of the other party's unborn child; or
(f) resides or has resided in the same residence as the other party.
(3) Notwithstanding Subsection (2), "cohabitant" does not include:
(a) the relationship of natural parent, adoptive parent, or step-parent to a minor; or
(b) the relationship between natural, adoptive, step, or foster siblings who are under 18years of age.
(4) "Court clerk" means a district court clerk.
(5) "Domestic violence" means the same as that term is defined in Section 77-36-1.
(6) "Ex parte protective order" means an order issued without notice to the defendant inaccordance with this chapter.
(7) "Foreign protection order" is as defined in Section 78B-7-302.
(8) "Law enforcement unit" or "law enforcement agency" means any public agencyhaving general police power and charged with making arrests in connection with enforcement ofthe criminal statutes and ordinances of this state or any political subdivision.
(9) "Peace officer" means those persons specified in Title 53, Chapter 13, Peace OfficerClassifications.
(10) "Protective order" means an order issued pursuant to this chapter subsequent to ahearing on the petition, of which the petitioner and respondent have been given notice inaccordance with this chapter.
Renumbered and Amended by Chapter 3, 2008 General Session