What Qualifies as Domestic Violence in Utah?

Under Utah code, domestic violence is defined as any crime that involves violence or a threat of violence against someone who lives with you. This can include your spouse, children, family members, and even roommates. 

If you commit a violent crime against any cohabitant, that qualifies for a domestic violence charge. However, you might not see the consequences immediately. 

Examples of Domestic Violence Offenses in Utah

While Utah’s definition is broad, it does outline offenses that could be considered domestic violence in Utah if committed against a cohabitant. Here are some of the ones that are listed:

• Aggravated assault
• Aggravated cruelty to an animal if it comes with intent to threaten or harass a person you live with.
• Criminal homicide
• Harassment
• Electronic communication harassment
• Kidnapping, child kidnapping, or aggravated kidnapping
• Sexual offenses including sexual exploitation of a minor and aggravated sexual exploitation of a minor.
• Stalking
• Violation of a protective order
• Offenses against property
• Child abuse
• Retaliation against a witness, victim, or informant
• Unlawful distribution of an intimate image
• Voyeurism

While most of these would be considered violence or a threat of violence, not all of them necessarily are. One example is voyeurism. This crime is secretly viewing someone with the intent of looking at a part of their body, while the person has a reasonable expectation of privacy. It’s not necessarily a violent offense, but if you commit it against someone you live with, you could face a domestic violence charge.

What Does a Domestic Violence Charge Mean?

Domestic violence is an enhancement that adds to the severity of the charges you would normally get. 

Here’s a breakdown:

• Class C Misdemeanors: This type of charge normally comes with possible jail time of up to 90 days and fines of up to $750. If the domestic violence offense would normally be this kind of charge, it is brought up to a class B misdemeanor. This means possible jail time of up to six months and fines of up to $1,000.
• Class B Misdemeanors: If the domestic violence offense would normally be this type of charge, it will be brought up to a class A misdemeanor. This means possible jail time of up to 364 days in jail and $2,500 in fines.
• Class A Misdemeanors: If the domestic violence offense would normally be this type of charge, it will be brought up to a third-degree felony. This means possible prison time of up to five years and fines of up to $5,000.

For example, let’s say you physically hit your roommate, and you get charged with assault. In a normal circumstance, this is a class B misdemeanor, but because it was against someone you lived with, it can be bumped up to a class A misdemeanor. However, that won’t happen if it’s your first offense.

Domestic Violence Enhancements Only Apply to People with a Criminal Background in Utah

If you commit domestic violence one time in Utah, you will be charged in the same manner as you would if the offense was against someone you just barely met in public. However, if you are convicted of domestic violence and then you get another domestic violence charge, that’s when the enhancements take place. 

This only happens if the crime occurs within 10 years of your first conviction if it’s not a property damage charge. If it is property damage, then the enhancement can only take effect if you were convicted within five years of your first conviction. 

In special circumstances, class B misdemeanors can be enhanced to third-degree felonies. This happens if it’s your third non-property-damage domestic violence charge within ten years or your third property damage domestic violence charge within five years. 

Special Probation Conditions for Domestic Violence Charges

If your lawyer helps you get probation as part of a plea deal, there are certain conditions you’ll need to abide by. This is true whether it’s your first domestic violence offense or any after that. These conditions are ordered at the discretion of the court, and they may include the following:

• A protective order on behalf of the victim and possibly members of your household
• Prohibition from consuming alcohol or controlled substances
• Prohibition from owning or obtaining a firearm
• Requirement to surrender any weapons you may own
• Requirement to participate in intervention programs
• Requirement to pay restitution to the victim
• Any other condition the court deems necessary to protect the victim or any other household member

What To Do if You’re Facing Domestic Violence Charges

If you’re accused of a domestic violence offense, it’s important to comply with police if they arrest you and stay silent when they ask any questions. Whatever you say to the law enforcement officers can be used against you in court. Instead, make sure you wait until you can get a lawyer before saying anything.

Your lawyer is the only person within the legal system who is actually on your side, advocating for you. They are experts at the law. If you want the best outcome possible, it’s important to take their advice seriously.

For domestic violence charges, you’ll want someone who has a lot of experience with these kinds of cases. At Brown, Bradshaw & Moffat, you’ll find that with Kristin Wilson, Michael Holje, Ann Taliaferro, and Mark Moffat, any of these people would be a great choice, and they would be more than happy to help you out.

To get started, tell us about your case, and we’ll reach out to you with next steps.