Allegations of assault involving domestic violence can have severe consequences including being required to follow a protective order and restricting your rights. The right attorney experienced in defending those charged with assault involving domestic violence can help mitigate and avoid these penalties.
What is domestic violence as a crime in Utah?
Under Utah law, charges of misdemeanor assault with domestic violence can involve any criminal offense were violence, physical harm or the threat of physical harm is committed by one cohabitant against another (Utah Criminal Code 77-36-1). Cohabitants are considered persons older than 16 who are the spouse, romantic partner, relative, or someone who lives in the same residence as the other party.
Police officers responding to a report of assault or domestic violence may arrest the person they believe to have committed the assault or issue a citation if police officers believe they have probable cause to do so. Section 77-36-2.2 of Utah’s Criminal Code, however, requires police officers to arrest and take into custody the alleged perpetrator of an assault involving domestic violence if the assault caused serious bodily injury or if a dangerous weapon was used in the commission of the assault. Police do not have the option to issue a citation under these circumstances and arrest is mandatory.
What are the penalties for a domestic violence conviction?
If you are arrested for charges of assault involving domestic violence you may be required to sign an agreement to have no contact with the alleged victim and to not enter their home or workplace before being released from custody. These restrictions can be particularly difficult when the alleged perpetrator and victim share a child or are related family members.
A conviction for misdemeanor assault involving domestic violence can also result in significant penalties such as:
- being banned from owning or possessing a firearm
- being required to comply with a protective order
- being ordered to pay fines and restitution to the victim for any cost of treatment
Being convicted for assault involving domestic violence is also very serious if you are seeking a divorce or custody of shared children from the alleged victim. The right attorney can help you understand these potential consequences and prepare the right defense to protect each of your interests.