What is a “Crime of Domestic Violence?”

Posted by Stone River Criminal Defense Team

Last Updated: November 22, 2024

The term “domestic violence” can mean different things depending on where you live. Each state defines it differently, and the federal government has its own definition as well. However, in most situations, what matters is understanding the actions that lead to these charges. In general, a crime of domestic violence includes physical harm, threats of […]
attorney meeting with client at desk

The term “domestic violence” can mean different things depending on where you live. Each state defines it differently, and the federal government has its own definition as well. However, in most situations, what matters is understanding the actions that lead to these charges.

In general, a crime of domestic violence includes physical harm, threats of harm, or property damage aimed at someone you have a close relationship with. These relationships may include family members, spouses, significant others, or even someone you’ve been intimate with.

For instance:

  • Slapping your girlfriend.
  • Punching a hole in your boyfriend’s wall.
  • Shoving your wife.
  • Hitting your son.

When police arrest you for any of these actions, they typically charge you with domestic violence.

Utah’s Must Arrest Rule

Utah is a must-arrest state when it comes to domestic violence. This means that if police are called and find probable cause that domestic violence occurred, they are required to make an arrest unless they have a strong reason not to. If no arrest is made, the officers must document their reasoning.

Even if you call the police just to de-escalate a situation, they are obligated to arrest someone if they believe there is a risk of ongoing violence. It doesn’t matter whether the victim wants to press charges or not.

Firearms Restrictions

If you’re convicted of even a misdemeanor domestic violence offense, you lose the right to possess or use firearms. This is a strict rule under both state and federal law. There are no exceptions. Losing your gun rights can prevent you from:

  • Joining the military.
  • Working in law enforcement.

Restoring gun rights after a conviction is possible, but the process can take many years.

Other Consequences

A domestic violence conviction can impact your life in other serious ways:

  • Enhanced Charges: If you’re convicted of another domestic violence offense later, it will be treated more seriously, with higher penalties.
  • Immigration Problems: A conviction can cancel a work visa or lead to other immigration issues.
  • Collateral Consequences: The effects of a domestic violence charge go beyond the courtroom. It can impact your family, career, and future opportunities.

How We Can Help

At Stone River Law, we understand the weight of these consequences. Our experienced attorneys take the time to discuss every aspect of your case with you, including the long-term effects on your life. We also work to:

  • Mitigate Collateral Consequences: Our team develops strategies to minimize the impact on your future.
  • Provide Support: We connect clients with resources to address the underlying issues that lead to domestic violence charges.

If you’re facing a domestic violence charge, we’re here to help you move forward.

Originally Published: November 22, 2024

How can we help you?

Call us at 801-448-7451, or use this contact form.

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