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Legal Statutes: Utah

UPDATED November 15, 2016

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Part 4. Dating Violence Protection Act

back to top78B-7-402. Definitions

As used in this part:

(1) “Abuse” means intentionally or knowingly:

(a) causing or attempting to cause physical harm to a dating partner; or

(b) placing a dating partner in reasonable fear of imminent physical harm.

(2)(a) “Dating partner” means a person who:

(i)(A) is an emancipated person under Section 15-2-1 or Title 78A, Chapter 6, Part 8, Emancipation; or

(B) is 18 years of age or older; and

(ii) is, or has been, in a dating relationship with the other party.

(b) “Dating partner” does not include an intimate partner, as defined in federal law in Title 18 U.S.C. Section 921.

(3)(a) “Dating relationship” means a social relationship of a romantic or intimate nature, or a relationship which has romance or intimacy as a goal by one or both parties, regardless of whether the relationship involves sexual intimacy.

(b) “Dating relationship” does not mean casual fraternization in a business, educational, or social context.

(c) In determining, based on a totality of the circumstances, whether a dating relationship exists:

(i) all relevant factors shall be considered, including:

(A) whether the parties developed interpersonal bonding above a mere casual fraternization;

(B) the length of the parties' relationship;

(C) the nature and the frequency of the parties' interactions, including communications indicating that the parties intended to begin a dating relationship;

(D) the ongoing expectations of the parties, individual or jointly, with respect to the relationship;

(E) whether, by statement or conduct, the parties demonstrated an affirmation of their relationship to others; and

(F) whether other reasons exist that support or detract from a finding that a dating relationship exists; and

(ii) it is not necessary that all, or a particular number, of the factors described in Subsection (3)(c)(i) are found to support the existence of a dating relationship.

(4) “Dating violence” means:

(a) any criminal offense involving violence or physical harm, or threat of violence or physical harm, when committed by a person against a dating partner of the person; or

(b) any attempt, conspiracy, or solicitation by a person to commit a criminal offense involving violence or physical harm against a dating partner of the person.

(5) “Dating violence protective order” means an order issued pursuant to this part subsequent to a hearing on the petition, as described in Section 78B-7-403.

(6) “Ex parte dating violence protective order” means an order issued without notice to the respondent, in accordance with the requirements of this part.

(7) “Protective order” means:

(a) a dating violence protective order; or

(b) an ex parte dating violence protective order.

Laws 2013, c. 179, § 2, eff. May 14, 2013.