§ 78B-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.

Enacted by Chapter 179, 2013 General Session