If you’re arrested for domestic violence in Utah, the process moves quickly, and some consequences start automatically. Within hours, you may be booked into jail, have a protective order placed against you, and face restrictions on where you can go and who you can contact.
However, if you have a good lawyer by your side, and you know what to expect, you may be able to minimize your penalties.
The main difference between domestic violence and any other violent crime in Utah is that domestic violence is against a cohabitant. Utah defines cohabitants very broadly. This is often a spouse, significant other, or family member. However, it can also include roommates, former roommates, or even exes. If someone lives with you, and that person accuses you of a violent action, then you can face domestic violence charges.
Right after an arrest, you’ll likely be taken to a local jail, where you’ll be booked and held until a judge determines whether or not you can be released. In many cases, a judge will set bail, and you’ll be able to leave within 48 hours. However, in some cases, you may spend more time behind bars than you might expect.
How you react to being booked into jail is crucial to your case. If you are not compliant with police while they are transporting you, you may be charged with more than the crime you are arrested for.
You also don’t want to say too much to the police. It might be tempting to tell them why you are innocent and why you shouldn’t be arrested. However, it’s possible that what you say can hurt you in the long run. The safest thing you can do for yourself is to invoke your 5th amendment right to remain silent by telling the officers that you are not going to answer any questions until you talk with a lawyer about your case. There is nothing you can say in that moment that a lawyer cannot say better later, and it is much more likely that anything you do say will only make your situation worse.
One of the first things that often happens after a domestic violence arrest is a temporary protective order being automatically placed against you. This often happens before you’re even taken to jail. A protective order prevents you from doing a number of things, which may include:
If you violate a protective order, you may face a class A misdemeanor. This can mean up to 364 days in jail, plus up to $2,500 in fines. That would be on top of the charges you are already facing.
The initial protective order isn’t permanent, and the alleged victim can petition the court to get rid of it. However, if the person keeps the protective order against you, and you are convicted, that protective order may become continuous, meaning you won’t be able to have contact with the alleged victim indefinitely. It is important to understand what type of protective order you have against you as some have broader restrictions including affecting your second amendment rights.
After your arrest, a judge will determine whether or not you can be released. If the judge allows your release, you’ll likely have to pay bail. This is a set amount that you can get back as long as you meet certain conditions, such as appearing for your court dates. A bail bond company may be able to help, but you may be subject to other conditions
The judge makes the decision on what happens to you based on certain factors, which may include:
For domestic violence cases in Utah, you can expect to show up to court very soon after your arrest. The length of this process depends on many factors including the type of crime you are accused of and what your plea is.
If your domestic violence charges are either a class A misdemeanor or a felony, this part of the process is called a first appearance. For class B and C misdemeanors, it’s an arraignment.
In a first appearance, a judge tells you your rights and decides whether or not to set bail. In an arraignment, that still happens, but you also make a plea of either guilty, not guilty, or no contest.
If you plead guilty, the next step is sentencing, which you can opt to do that day. If you plead not guilty, dates are set for the next steps.
During a preliminary hearing, the prosecutors bring forth evidence against you. The judge looks at it and determines whether it is enough to prove beyond a preponderance of the evidence that you committed domestic violence offenses. This is a much lower burden for prosecutors to meet than the beyond a reasonable doubt burden at trial. If it is, the case moves to trial. If not, the charges are dismissed.
If you’re charged with a class A misdemeanor or felony, you can schedule a waiver hearing, where you can choose not to do a preliminary hearing. During the waiver hearing, your arraignment will be scheduled, where you can make a guilty plea.
Before the trial takes place, your lawyer will make different motions to make sure certain evidence cannot be used against you in the trial. The lawyer may also have a pretrial conference, where they attempt to settle the case.
The trial itself may be before a jury or a judge. With a jury, their decision has to be unanimous for you to be found guilty.
A conviction is when you are found guilty. This can be determined by the jury or a judge. If you plead guilty at an arraignment, then you are convicted right there.
Sentencing is when the judge determines what your punishment should be. This generally happens between two and 45 days after the conviction. You can ask for this to happen sooner or later, depending on the situation.
Domestic violence offenses come with a period of time during which if you are charged with another domestic violence offense, the new offense is enhanced, increasing the severity of the charge.
For example, let’s say the crime you commit is assault. In a normal situation, you likely would be charged with a class B misdemeanor. However, if you commit it against your roommate — and you were charged with assault against your ex within the last ten years — then you can be charged with a class A misdemeanor.
The highest that the crime can be enhanced to is a third-degree felony. Any other felony stays the same.
Taylor Franke Paul from The Secret Lives of Mormon Wives has been accused of domestic violence against her ex-boyfriend Dakota Mortensen in two recent incidents. One of them happened in 2024, and the other was in February 2026.
Police investigated the incidents, but on April 14, 2026, the Salt Lake County District Attorney’s Office announced that prosecutors would not be filing further charges against her.
However, had charges been filed against her, Salt Lake County DA Sim Gill previously said the incidents may have been enhanced. That’s because she previously entered a guilty plea in abeyance for another domestic violence incident that happened in 2023 against Mr. Mortensen.
If you’re accused of domestic violence, the best thing you can do for yourself is call an attorney who can help you through the entire legal process. Your lawyer is someone who is knowledgeable about the law and is unconditionally on your side. This person will help you get the best outcome possible, whether that be an acquittal, dismissal, or plea deal.
You’ll want an attorney who has a lot of experience with your type of case, so there are no surprises. For domestic violence cases, you’ll find that with Michael Meszaros, Kristin Wilson, Michael Holje, Ann Taliaferro, and Mark Moffat. Any one of them would be an excellent choice to represent you.
To get started, tell us about your case, and one of our team members will contact you.
