Utah Domestic Violence Information and Laws

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Domestic violence is not a standalone charge.  Rather, it is a label (commonly called a DV tag) that is attached to crimes that involve two or more people who are cohabitants (Utah Code 76-36-1). Examples of these types of crimes that can receive a DV tag are homicide, harassment, and stalking. In the misdemeanor world, the three most commonly charged domestic violence offenses are assault, criminal mischief, and domestic violence in the presence of a child. In other words, instead of an assault that may occur between two strangers on the street, a domestic violence assault is an incident that occurs between a married couple or other cohabitants. Quite commonly, assault is coupled with a charge like domestic violence in the presence of a child whenever there is a child that is within the vicinity of the fight. The child does not have to witness the assault and may even be asleep in another room. 

Call Liberty Law to defend your domestic violence case. 801-709-6309  

A person is charged with domestic violence if the criminal offense involves cohabitants. The cohabitants could be a current or former spouses, partners, roommates, or persons who share a child together (Utah Code 78B-7-102). It is not uncommon for divorced people to get charged with a domestic violence even when they have not lived with each other in years. Siblings can even be hit with domestic violence charges if they happen to get into a tussle.  

Call Liberty Law to help with your domestic violence case. 801-709-6309 

Domestic violence charges can range from first degree felonies all the way down to infractions. Adding a DV tag to a charge does not actually change the potential sentence, but it does have other legal implications, also known as collateral consequences. If you are charged with a Class B Misdemeanor DV assault, then the maximum potential fine and jail time is the same as any other crime that is within the classification of Class B Misdemeanors. Here is a chart of criminal classes and their corresponding potential penalties. 

Call Liberty Law to help eliminate or reduce your jail time and fines. 801-709-630

Routinely, when someone is charged with domestic violence, they are ordered to have no contact with the alleged victim. The alleged perpetrator must sleep in a hotel or somewhere else until the no contact order is lifted by the court. This is often one of the biggest burdens in getting charged with domestic violence. 

If the offense is relatively minor and the alleged victim is cooperative, an attorney may be able to convince the judge to lift the no contact order. 

Call Liberty Law if you would like to remove your no contact order. 801-709-6309