Keene v. Bonser

2005 UT App 37, 107 P.3d 693, 518 Utah Adv. Rep. 13, 2005 Utah App. LEXIS 22, 2005 WL 170706
CourtCourt of Appeals of Utah
DecidedJanuary 27, 2005
Docket20030841-CA
StatusPublished
Cited by15 cases

This text of 2005 UT App 37 (Keene v. Bonser) is published on Counsel Stack Legal Research, covering Court of Appeals of Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Keene v. Bonser, 2005 UT App 37, 107 P.3d 693, 518 Utah Adv. Rep. 13, 2005 Utah App. LEXIS 22, 2005 WL 170706 (Utah Ct. App. 2005).

Opinion

OPINION

ORME, Judge:

¶ 1 Ashley J. Bonser appeals from the issuance of a protective order under Utah’s Cohabitant Abuse Act, which is codified at Utah Code Ann. §§ 30-6-1 to — 15 (1998 & Supp.2004). Specifically, Bonser appeals the district court’s conclusion that he was a “cohabitant” under the Act and thei-efore subject to its provisions. We reverse and remand.

BACKGROUND

¶2 Appellant Bonser claims legal residence in Mountain View, Wyoming, a fifty-minute drive from Manila, Utah, where he would often launch his boat in order to fish on Flaming Gorge Reservoir. Bonser met Appellee Andrea N. Keene in February 2003 in Manila, where Keene lived. In March of 2003, the parties began an intimate relationship, with Bonser staying at Keene’s trailer home when he was in Manila. Although the parties dispute just how often and how long *695 Bonser would stay with Keene at her trailer, 1 it is evident that the parties maintained a relationship of sorts from March through May of 2003.

¶ 3 On June 4, 2003, Keene filed a verified petition for a protective order in district court, alleging domestic violence or abuse under Utah’s Cohabitant Abuse Act. See Utah Code Ann. §§ 30-6-1 to — 15 (1998 & Supp.2004). The district court issued an ex parte protective order pursuant to Utah Code section 30-6-4.2 to be served on Bon-ser. Bonser voluntarily presented himself in Utah to be served with the order. The matter came before the district court on September 5, 2003, for an evidentiary hearing, following which the court announced its ruling from the bench. The court found that Bon-ser “had resided in the same residence” as Keene in Manila, Utah, making him a “cohabitant” under the Act, and that domestic violence or abuse had occurred. The court then issued a protective order under the Act. Bonser appeals the issuance of the protective order. 2

ISSUES AND STANDARDS OF REVIEW

¶ 4 Bonser raises three arguments against the district court’s conclusion that he was a “cohabitant” under Utah’s Cohabitant Abuse Act. Bonser challenges the court’s legal conclusion that he “resided in the same residence” as Keene and was thus a “cohabitant” under the Act. See Utah Code Ann. § 30-6-l(2)(f) (Supp.2004). Bonser also argues that the district court failed to make the necessary factual findings to sufficiently support its legal conclusion that he “had resided in the same residence” as Keene. Finally, anticipating the possibility of remand for entry of adequate findings, Bonser contends the evidence presented to the district court could not adequately support any factual findings that would lead the court to the legal conclusion that he was a “cohabitant” as defined in the Act, entitling him to judgment in his favor as a matter of law.

¶ 5 “Generally, we review a trial court’s legal conclusions for correctness, according the trial court no particular deference.” Orton v. Carter, 970 P.2d 1254, 1256 (Utah 1998). Moreover, “[i]t has long been the law in this state that conclusions of law must be predicated upon and find support in the findings of fact.” Gillmor v. Wright, 850 P.2d 431, 436 (Utah 1993). Otherwise, “[t]he failure to enter adequate findings of fact on material issues may be reversible error.” Reid v. Mutual of Omaha Ins. Co., 776 P.2d 896, 899 (Utah 1989).

THE MEANING OF “COHABITANT” UNDER UTAH’S COHABITANT ABUSE ACT

¶ 6 Bonser challenges the court’s legal conclusion that he “had resided in the same residence” as Keene and was thus a “cohabitant” subject to the Cohabitant Abuse Act’s provisions. See Utah Code Ann. § 30-6-l(2)(f) (Supp.2004). He specifically attacks the district court’s broad interpretation of the Act’s language in concluding he was a “cohabitant.” 3 As a result, we examine the meaning of “cohabitant” as it is defined under the Act.

¶ 7 The Utah Supreme Court has noted that “the term ‘cohabitation’ does not lend itself to a universal definition that is applicable in all settings.” Haddow v. Haddow, 707 P.2d 669, 671 (Utah 1985). Thus, “the meaning of [cohabitation] depends upon the context in which it is used.” Id. Utah case law has discussed the meaning of cohabitation in a variety of factual contexts. See State v. *696 Green, 2004 UT 76, ¶ 48, 99 P.3d 820 (explaining that, in the context of a criminal bigamy prosecution, the dictionary definitions of to “ ‘live together in a sexual relationship, especially when not legally married’ ” and to “ ‘dwell together as, or as if, husband or wife’ ” were both acceptable definitions of the word “cohabit”) (citations omitted); Haddow, 707 P.2d at 671-72 (defining “cohabitation” in an alimony termination proceeding as “ ‘[t]o live together as husband and wife’ ” with the key elements being “common residency and sexual contact evidencing a conjugal association”) (citations omitted).

V 8 In the context of Utah’s Cohabitant Abuse Act, the Legislature has given the term specific meaning by expressly defining what a cohabitant is for purposes of the Act. The Act defines a “cohabitant” as

an emancipated person ... 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; (e) 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.

Utah Code Ann. § 30-6-1 (2) (a)-®. We have previously determined that the application of this definition is confined to the context of cohabitant abuse. 4 See Hill v. Hill, 968 P.2d 866, 868 (Utah Ct.App.1998) (concluding the Act’s definition of “cohabitant” is inapplicable to alimony termination because “the definitions in [the Act] are to be used solely for purposes of the Cohabitant Abuse Act,” and seeing “no legislative intent to abrogate the [Utah] case law defining cohabitation” in other contexts).

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Bluebook (online)
2005 UT App 37, 107 P.3d 693, 518 Utah Adv. Rep. 13, 2005 Utah App. LEXIS 22, 2005 WL 170706, Counsel Stack Legal Research, https://law.counselstack.com/opinion/keene-v-bonser-utahctapp-2005.