Who Is a “Cohabitant” in Utah Protective Orders?

Definitions

A definition in the law is a funny thing because it doesn’t need to actually make any sense.

For example, I once saw a definition of “sexual violence” at a university that included “withholding communication” from a significant other.

Now, everyone knows not communicating with someone cannot possibly, by any stretch of the human imagination, be “sexual violence.” But, that’s the definition they went with anyway.

Another example: if you want to define white as black and day as night in a law, you can. That’s how arbitrary definitions can be.

Definition of “Cohabitant” in Utah Protective Orders

Utah laws contain some interesting definitions. Perhaps none more interesting than “cohabitant” in Utah’s Cohabitant Abuse Act.

Now, the Cohabitant Abuse Act is important because it’s where most Utah protective orders come from. So, if you want to know who you can get a protective order against, this definition is very important.

Here’s the definition:

(2) “Cohabitant” means an emancipated person pursuant to Section 15-2-1 or a person who 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 or had 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 18 years of age.

Got that? If you don’t, don’t worry. It’s complicated.

Examples of “Cohabitants” for the Purpose of Obtaining a Utah Protective Order

Here are some examples of cohabitants in Utah protective orders.

I’ll start out with the most common examples:

  1. People who have lived together as boyfriend and girlfriend or husband and wife. (How long they have to have lived together gets tricky.)
  2. People who have had a child together.
  3. People who are or were married — even if they aren’t married anymore.

Here are some of the less common examples:

  1. People who live as spouses, even if they never legally married or live under the same roof.
  2. Brothers-in-law (they’re related by marriage).
  3. Fourth cousins who have met each other once (they’re related by blood).
  4. People who saw each other once, had a one night stand, and the woman is pregnant.
  5. College roommates who haven’t seen in twenty years (they resided together).
  6. A pregnant surrogate who was implanted with someone else’s genetic child (she’s the biological parent of someone else’s unborn child).

I could go on, but you get the point.

When you get down to the nitty-gritty, lots of people related (by circumstance or blood) in lots of weird ways can get a protective order in Utah.

Who Usually Gets a Protective Order?

By far the most common “cohabitants” getting protective orders in Utah are people who live together in a romantic relationship, whether that be marriage or just living together.

The next most common are people who used to be married or in a romantic relationship, and they get in a violent fight after they break up.

These are really the types of folks the Cohabitant Abuse Act was meant to protect. The definition cohabitant just happens to include lots more types of folks.

Protect Your Money And Your Family

We remove fear associated with divorce, protect your money & maximize time with your kids!

We're here to help. Let's determine your best options.

Call Us 24//7 at 801-685-9999 to Speak with a Live Representative

Utah Divorce FAQs
Top 100 Divorce Blog
What Clients Are Saying…
BrownLaw icon
Excellent
Brown Family Law
4.8
Based on 918 reviews
Great support, Russell and Connor were amazing and got my case dismissed in only 2 months. Great communication with weekly calls. Easy to work with and were very conscious on not overspending my budget. Great team.
Response from the owner:Daniel, thank you for the kind words, and happy Russell and Connor did well for you.
Anne Greyson long was great to work with she really listens and fights for her clients thank you so much for all your hard work
Response from the owner:Thank you, Heather. Glad Anne-Greyson helped you so well.
You get what you pay for, and the Brown Family team is worth every penny. We truly appreciated their team-based approach, making sure that every detail of our case was thoughtfully handled. They were incredibly easy to work with, kept us informed throughout the process, and made sure no question ever went unanswered. By far the best family attorneys I’ve worked with, and the only ones I’ll call if I ever need legal help again.
Response from the owner:Chris, thank you. Glad we were able to guide you through your process.
Andrew made the whole process smooth and quick! Kept me updated on any changes, and followed up with me constantly!

Made me feel at ease throughout the whole process and made sure I felt seen/ heard!
Response from the owner:Joselyn, thank you for the kind words.
David Handy is my attorney and he is excellent. He understands my cases and is well informed to defend my needs and the needs of my kids. He is supportive and compassionate. Telling me how things are and what to expect. He does very well with my high conflict cases (protective order and divorce). I highly recommend him and the Brown Family Law firm. Everyone I have talked to is helpful. Especially Conor Schetzel who is currently the paralegal on my cases.
Response from the owner:Suzanne, thank you and glad David has taken care of you.
Nathaniel Garrabrandt and Brown Family Law is where I send people who are seeking Divorce. Highly professional and compassionate. Thank you!
Response from the owner:Jaren, thank you for the referrals.
I cannot say enough good about my experience with Brown Family Law. Ray Hingson and paralegal Carren did an excellent job with my case. I will definitely use this firm again for any legal issues.
Response from the owner:Meghann, so glad Ray and Carren took good care of you.
I have worked with Andrew Christensen many times in a variety of situations. I am very impressed with his friendly demeanor in a difficult situation. I would highly recommend him to you without any reservations.
Response from the owner:Thank you, Monica.
Highly recommend Brown Family Law. Life is hard, divorce is harder, and Andrew Christensen is your guy to help you through to the other side.
Response from the owner:Mike, thank you for the kind words and the referrals.
When you’re going through a tough time and need legal help, this firm isn’t just a one-person operation. It’s a team of attorneys who work together to support you every step of the way. So you’re not just getting a lawyer, you’re getting a legal team behind you.

Navigating the legal system was a steep learning curve for me, and my situation was fairly complex. What stood out about this law firm was the way multiple attorneys collaborated to address my case. It wasn’t just one person working in isolation, but a team supporting each other to find the best path forward. That kind of collective effort is a real strength, especially in hard out complex situations like mine.

There was one issue I felt should have had a different outcome with the court. When I brought it up, the team responded in a very professional and respectful manner, which I truly appreciated. It came to my understanding that the legal system sometimes works in a way that is distant than I thought. This was presented to me in a way that someone outside of the legal system could understand.

In my experience, this firm takes the time to not only assist you, but also help you understand why things are happening. That made a big difference for me, and it’s something that really sets them apart.
Response from the owner:David, thank you for our conversation and taking the time to leave this review.
yH5BAEAAAAALAAAAAABAAEAAAIBRAA7

Categories

Related Posts