Utah Domestic Violence Lawyer

In Utah, a charge of domestic violence is very serious. It can have impacts not only on you or your record, but on your family. Domestic violence charges have consequences that could follow you for the rest of your life. These are not charges you want to face alone, let Weber Law’s experienced attorneys help you today!

WHAT IS DOMESTIC VIOLENCE?

Domestic violence means any criminal offense involving violence or physical harm or threat of violence or physical harm, or any attempt, conspiracy, or solicitation to commit a criminal offense involving violence or physical harm, when committed by one cohabitant against another.

A cohabitant means an individual who is 16 years of age or older who includes but is not limited to: 

• Is or was a spouse of the other party;
• Is or was living as a spouse of the other party;
• Resides or has resided in the same residence as the other party;
• Has or had one or more children in common with the other party; or
• Is or was in a consensual sexual relationship with the other party.

A cohabitant does not include parent, children relationships, or sibling relationships.

Domestic violence can include but is not limited to:

• Electronic communication harassment;
• Unlawful detention;
• Possession of a deadly weapon with criminal intent;
• Threatening use of a dangerous weapon;
• Harassment;
• Homicide;
• Aggravated cruelty to an animal, with intent to harass or threaten the other cohabitant;
• Disorderly conduct;
• Stalking; or 
• Sexual offenses

WHAT IS THE PENALTY?

Depending on the seriousness of the crime, domestic violence can be charged as a felony or misdemeanor. Additionally, fines and jail time can be increased if this is not your first domestic violence charge, if you have violated a protection order, or if the victim was seriously injured. 

In the state of Utah, penalties include but are not limited to:

• A third-degree felony, which is punishable by up to five years imprisonment and a fine of up to $5,000.00. 
• A second degree felony, which is punishable by one to fifteen years imprisonment, and up to a $10,000 fine.
• A class A misdemeanor, which is punishable by up to one year imprisonment and a fine of up to $1,000.00.
• A class B misdemeanor, which is punishable by up to six months in jail and a fine of up to $1,000.00.

Additionally, the court may make the offender wear a monitoring bracelet, enroll and complete a treatment program for domestic violence offenders, order no contact with the victim, make the offender leave their residence in order for the victim to live there, suspend child visitation of the offender, and even order that the offender attend an anger management program. 

It is common for domestic violence charges to be cited with other charges as well. When that happens, the jail time and fines can increase quickly. 

WHAT SHOULD YOU DO IF YOU ARE CHARGED WITH DOMESTIC VIOLENCE?

A domestic violence charge can affect not only your criminal record, but your family life, and your career. If you spent time in jail and missed work, you could lose your job. Your partner may have moved out after the incident, you might not be able to see your children, and your reputation in the community could be ruined. Let Weber Law help you. These are serious charges that could have you facing serious jail time and have a record that could haunt you for life. 

By using defenses that have been successful in the past, including being falsely accused, or self-defense, Weber Law will fight for you. The court room can be an intimidating place, especially if this is not your first conviction, and you need an experienced team of attorneys with you. Weber Law is experienced in defending domestic violence charges, negotiating a good plea agreement, getting charges dropped or lowered, and even defending people at trial. Do not leave your record, family life, or reputation in the community to chance. If you or someone you know has been charged with domestic violence in the state of Utah, contact Weber Law today for a consultation. 

• Utah Code § 77-36-1, Definitions
• Utah Code § 77-36-1.1, Enhancement of offense and penalty for subsequent domestic violence offenses.
• Utah Code § 78B-7-102, Definitions
• Utah Code § 77-36-5. Sentencing — Restricting contact with victim — Electronic monitoring — Counseling — Cost assessed against defendant — Sentencing protective order — Continuous protective order.
• Utah Code § 76-3-204, misdemeanor conviction – term of imprisonment
• Utah Code § 76-3-203, Felony conviction—indeterminate term of imprisonment
• Utah Code § 76-3-301, fines of individuals