The United Nations defines domestic abuse as “a pattern of behavior in any relationship that is used to gain or maintain power and control over an intimate partner.”
In Utah, the legal term is “domestic violence,” and it’s defined as any offense that involves either violence or a threat of violence against a cohabitant. Domestic violence also includes specific crimes that the state lists in its code.
Domestic abuse comes in different forms, and you can face serious legal consequences for any of them.
Physical abuse is what you probably think about when someone mentions domestic abuse. This is where you physically hurt someone who lives in your home.
If you do this in Utah, you can be charged with either assault or aggravated assault. The difference between the two is that aggravated assault involves either a dangerous weapon or a motor vehicle. It can also include choking the other person, obstructing their airways, or any other means that could produce death or serious bodily injury.
Assault by itself is a class B misdemeanor. This means that you can face up to six months in jail and fines of up to $1,000. If your actions cause substantial bodily, or if you knew the person was pregnant, then you may face a class A misdemeanor. This means up to 364 days in jail and $2,500 in fines.
Aggravated assault is a felony, and that means prison time. At the very least, it is a third-degree felony, which means up to five years and fines of up to $5,000. However, it’s a second-degree felony if your actions cause serious bodily injury or a loss of consciousness. This means one to 15 years in prison and up to $10,000 in fines.
If you commit a physical abuse crime — or any other crime that falls under the category of “domestic violence” in Utah — against someone you live with, you will only face charges for the crime itself on the first offense.
However, in most instances, if you’re charged again within 10 years, you may end up with an enhancement. This means the penalty increases. if you commit class B misdemeanor assault, that will go up to a class A misdemeanor. If you commit a class A misdemeanor, that will go up to a third-degree felony.
It can also be a third-degree felony if the crime would normally be a class B misdemeanor, and it’s your third domestic violence offense within 10 years.
Emotional abuse is when you do or say things to another person with the intent of scaring, controlling, hurting feelings, or cutting the other person off from others. It doesn’t necessarily amount to physical violence, but it can.
Examples of emotional abuse include:
If you do any of these things to someone who lives with you more than one time in 10 years, you may also face an enhancement that increases the penalties. For property crimes, the timeline for an enhancement is within five years.
Sexual abuse is when you commit a sexual act of any kind on another person without their consent. Here are some examples:
Sexual offenses are included in Utah’s definition of “domestic violence.” So this kind of charge can include enhancements if you are accused of committing the crime against someone you live with.
Financial abuse is when you use financial means to control the other person. This could mean withholding funds, stealing money, and other financial restrictions.
Utah does not have laws that specifically restrict financial abuse except for financial exploitation of a vulnerable adult. This is when you are in a position of trust of a vulnerable adult — such as someone with an intellectual disability or dementia — and you take control of their funds for either your benefit or someone else’s. This crime ranges from a class B misdemeanor to a second-degree felony based on the circumstances.
Financial exploitation of a vulnerable adult is not included in Utah’s definition of “domestic violence.” However, financial abuse in general may be accompanied by other forms of it including threats of violence or assault.
If you’re accused of domestic abuse, you should talk to a licensed attorney before you discuss your case with anyone else. Your lawyer is someone who is highly knowledgeable about the legal process and can guide you through everything that you have to do and say.
You’ll want an attorney who has a lot of experience with the type of crime that you are accused of committing. At Brown, Bradshaw & Moffat, the best defense attorneys for domestic violence cases are Kristin Wilson, Michael Holje, Ann Taliaferro, Michael Meszaros, and Mark Moffat. All of them have years of experience with this kind of case, and they would be happy to help you.
To get started, tell us about your case, and we’ll reach out with next steps.
