Under the laws in Utah, the term "domestic violence" can be defined as a pattern of abusive or aggressive behavior in a relationship that is used by one partner to gain or maintain power and control over another intimate partner. Domestic Violence can be abusive emotionally, sexually, or psychologically to the victim. From the prosecutor's perspective, domestic violence allegations also affect family members, friends, and co-workers.
When an officer with the Unified Police of Greater Salt Lake or another local law enforcement agency responds to a domestic violence call, the officer will make an arrest if there is probable cause to believe that:
In many of these cases, the officer makes an arrest based on mere allegations from one person that are unsupported by any physical evidence in the case. Domestic violence offenses can include hurting the victim, caused serious injury to the victim, or violating a protective order. In many of these cases, the officer will help the alleged victim obtain emergency housing, shelter and/or medical treatment if needed.
If you have been arrested for a domestic violence offense in Salt Lake City, Utah, you need an experienced attorney to make sure your rights are protected. The attorneys here at Brown, Bradshaw & Moffat, LLP are experienced in fighting charges of violence within a domestic relationship.
Call to talk to our attorneys about your pending case. Call (801) 532-5297 today.
Utah Domestic Violence Information Center
Back to top
The Utah State Legislature has enacted Title 77, Chapter 36, Section 1 of the Utah Code which defines a ”domestic violence offense" to mean any criminal offense involving violence or physical harm or threat of violence or physical harm, or any attempt, conspiracy, or solicitation to commit a criminal offense involving violence or physical harm, when committed by one cohabitant against another.
Under Utah Code sections 77–36–2.1 & 2.2, law enforcement officers who respond to an allegation of domestic violence are required to “use all reasonable means to protect the victim and prevent further violence.” Id. § 77–36–2.1(1).
When responding to a call involving domestic violence, the officers Id. § 77–36–2.2(2)(a).
"Domestic violence offense" also means the commission or attempt to commit, any of the following offenses by one cohabitant against another:
Back to top
After the arrest, the person accused of domestic violence must often sign a contract as part of the conditions of pre-trial release to do the following:
A violation of the terms of pretrial release can result in a new crime and a violation of the pre-trial release conditions. The officers will also encourage the alleged victim to fill out a Protective Order Petition with the Third District Court (Matheson Courthouse - 450 South State Street).
Back to top
Many people learn too late that domestic violence and protective order offenses are serious business. Many of these charges carry hidden consequences that can only be avoided with the assistance of a knowledgeable and experienced attorney.
Failure to understand your rights can result in:
Previous criminal convictions are used as mandatory charge enhancements as provided in Utah Code § 41-6a-503. Under Utah Code § 77-36-1.1, the law increases the offense for domestic violence if the defendant was convicted of a previous instance of domestic violence.
Back to top
Domestic Violence in Salt Lake City - Visit the website of the Unified Police of Greater Salt Lake to learn more about domestic violence investigations. Find information on resources for victims of domestic violence including how to receive a referral for counseling, shelter and other services in Herriman, Riverton, Holladay, Kearns, Magna, Midvale, Millcreek, and Taylorsville. Also find information on Domestic Violence Advocates who provide information and referrals pertaining to victim's rights, support groups, translation service, counseling centers, and financial support. Victim advocates can attend court proceedings with alleged victims in a support capacity
Domestic Violence Statutes in Utah - For more information and definitions about domestic violence crimes in this state, visit the website of the Utah State Legislature.
Back to top
The Salt Lake City criminal defense lawyers at Brown, Bradshaw & Moffat, LLP are experienced in defending men and women charged with domestic violence offenses. Contact Brown, Bradshaw & Moffat, LLP now if you have any questions about domestic violence charges.
Previous criminal convictions are used as mandatory charge enhancements. For example, under Utah Code § 77-36-1.1, increasing the level of offense for domestic violence if the defendant was convicted of a previous instance of domestic violence.
We can help you understand the charges, potential penalties, and possible defenses to the charges.
Back to top
Use the form above to request your free, confidential case evaluation. Our office will contact you as soon as possible to arrange for you to discuss the facts of your case with an experienced criminal defense attorney in Salt Lake City, Utah.
Note: By submitting the above form, you are requesting a free and confidential consultation with one of our attorneys to discuss the specific facts of your case. We will evaluate your unique situation and provide you with valuable information about how an attorney may be able to help you. Please do not provide any confidential or time-sensitive information using this online contact form. If your situation is urgent, please call us at (801) 532-5297. We look forward to hearing from you.
The use of this form for communication with our personnel does not establish an attorney-client relationship.
Mark has represented our son for over ten years. We have a difficult situation but we have never doubted that Mark, and now, Mike, care about him and our family. Their caring advice has been a lifeline for us.
Mike Holje was there for me and helped me get the charges dismissed. He was fantastic. I am so thankful for this firm.
Jim Bradshaw worked with me on a case and was helpful, realistic and very professional. I found him to be one of the best attorneys (and person) I have encountered.
I used Brown, Bradshaw & Moffat and would recommend them to anyone. Everyone in his or her office is kind, efficient and very responsive. You are treated respectfully and on an equal playing field.