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.
According to Utah code 77-36-2.2, when any peace officer responds to a domestic violence call, the responding officer can make an arrest or issue a citation if there is probable cause to believe domestic violence has been committed.
However, a peace officer will take the alleged perpetrator into custody by arrest if there is probable cause that the accused may continue to hurt the victim or that the accused has recently caused serious injury to the victim or used a dangerous weapon. There is no leeway for a citation in these instances.
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, causing 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.
Lawyer for Domestic Violence in Salt Lake City, UT
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.
Talk to our attorneys about your pending case today. Call(801) 532-5297.
Additional Information About Domestic Violence Crimes in Utah
Utah's Definition of a Domestic Violence Offense
Allegations of Violence in a Domestic Relationship
Consequences of an Allegation of Domestic Violation
Utah's Definition of a Domestic Violence Offense
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.
"Domestic violence offense" also means the commission or attempt to commit, any of the following offenses by one cohabitant against another:
aggravated assault
aggravated cruelty to an animal with the intent to harass or threaten the other cohabitant
assault
criminal homicide
harassment
electronic communication harassment,
kidnapping, child kidnapping, or aggravated kidnapping
mayhem
sexual offenses and sexual exploitation of a minor and aggravated sexual exploitation of a minor
stalking
unlawful detention or unlawful detention of a minor
violation of a protective order or ex parte protective order
any offense against property such as property destruction, burglary and criminal trespass, or robbery
possession of a deadly weapon with criminal intent
discharge of a firearm from a vehicle, near a highway, or in the direction of any person, building, or vehicle
disorderly conduct, (with a number of specific stipulations described in the Utah code subsection 4)
child abuse
threatening use of a dangerous weapon
threatening violence
tampering with a witness
retaliation against a witness or victim
unlawful distribution of an intimate image or unlawful distribution of a counterfeit intimate image
sexual battery
voyeurism
damage to or interruption of a communication device
Allegations of Violence in a Domestic Relationship
After the arrest, the person accused of domestic violence must often sign a contract as part of the conditions of pretrial release to do the following:
have no contact with the alleged victim
not threaten or harass the alleged victim
not enter the alleged victim's residence or workplace
A violation of the terms of pretrial release can result in a new crime and a violation of the pretrial 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).
Consequences of an Allegation of Domestic Violation
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 the following:
being designated as a "restricted person" and being precluded from ever possessing a firearm
having a former spouse use your conviction to achieve an advantage in a divorce or custody matter
facing a felony charge because the next domestic violence allegation is subject to enhancement and can be filed as a felony depending on the prior domestic violence conviction or violation of protective order conviction
Domestic Violence Lawyers in Salt Lake City, UT
The Salt Lake City criminal defense lawyers at Brown, Bradshaw & Moffat are experienced in defending men and women charged with domestic violence offenses. We can help you understand the charges, potential penalties, and possible defenses to the charges. Contact Brown, Bradshaw & Moffat today if you have any questions about domestic violence charges.
Frequently Asked Questions About Domestic Violence Laws in Utah
1What legally qualifies as a "domestic violence offense" under Utah law?
Under Utah Code § 77-36-1, domestic violence is not a single standalone charge, but rather a designation added to any criminal offense that involves violence, physical harm, the threat of violence, or an attempt/conspiracy to commit physical harm against a "cohabitant."
Beyond standard assault or battery, the statutory definition includes a massive array of related crimes such as stalking, harassment, violation of a protective order, criminal trespass, property destruction, child abuse, kidnapping, voyeurism, and even intentionally damaging or interrupting a telephone or communication device. Cohabitant is defined extremely broadly and includes spouses, grandparents, siblings, co-parents, anyone you are or were in a consensual sexual relationship with, and even roommates.
2Is it true that Utah police are legally mandated to make an arrest during a domestic violence call?
Yes, under specific circumstances. Pursuant to Utah Code § 77-36-2.2, when a peace officer responds to a domestic violence call and establishes probable cause to believe that domestic violence has occurred, they are authorized to make an immediate arrest or issue a citation.
However, the law transitions from discretionary to mandatory if an officer discovers that an individual has actively violated a civil or criminal protective order. In those explicit scenarios, Utah enforces a mandatory arrest law, requiring officers to take the alleged perpetrator into physical custody, even if the arrest is based entirely on uncorroborated verbal allegations from one party.
3What happens immediately after a domestic violence arrest, and what restrictions must be signed?
Following an arrest for a domestic violence offense in Utah, the accused is typically subjected to severe, immediate pre-trial release restrictions. To secure their release from jail, the defendant is routinely legally required to sign a Jail Release Agreement (JRA) or comply with a pretrial protective order under Utah Code § 78B-7-802.
This mandate dictates that the accused must have absolutely no contact with the alleged victim, cannot threaten or harass them, and is strictly barred from entering the alleged victim's primary residence, vehicle, or place of employment, even if the defendant owns or pays for the property. In certain circumstances, the victim may be able to waive parts or all of the JRA.
4How does a prior domestic violence conviction impact subsequent allegations or charges in Utah?
Utah law treats repeat offenses with extreme severity through built-in penalty enhancement protocols under Utah Code § 77-36-1.1. If an individual has a prior conviction for a domestic violence offense or a violation of a protective order within 10 years, or within 5 years if the offense was only for property damage, any subsequent allegation of domestic violence can be automatically enhanced to a more severe charge.
For example, what would normally be a misdemeanor offense can be bumped to a felony solely based on your criminal history, exposing you to significant prison time.
5What are the hidden or long-term consequences of a domestic violence conviction?
Beyond standard penalties like jail time, probation, and heavy fines, a domestic violence conviction carries long-lasting consequences that permanently alter your civil liberties. Under federal law (the Lautenberg Amendment) and corresponding state enforcement, any individual convicted of a qualifying misdemeanor or felony domestic violence offense is immediately classified as a "restricted person," resulting in a lifetime ban from possessing or purchasing a firearm.
Additionally, a domestic violence conviction on your record can be heavily leveraged by a former spouse or cohabitant in family court to achieve an overwhelming tactical advantage in pending divorce, property division, or child custody matters.
DISCLAIMER: The information in this document is for general educational purposes only and does not constitute legal advice. Consult a qualified attorney regarding your specific situation. Contacting Brown, Bradshaw & Moffat does not create an attorney-client relationship.
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. The use of this form for communication with our personnel does not establish an attorney-client relationship.
