Domestic violence charges are some of the most serious charges filed in Utah Justice Courts. Outside of DUIs, domestic violence convictions are the most likely convictions where you get jail time on a first offense. Domestic violence cases are also very likely to be tried to a jury and carry mandatory gun restrictions if you are convicted of domestic violence.
As of 05/04/2022 prosecutors or the defendant may file to remove domestic violence cases to a Utah District Court.
This article explains the Utah domestic violence removal process to district court.
Utah’s Cohabitant Procedures Abuse Act is found at 78B-36-101 and defines what charges are crimes of domestic violence. 77-36-101 lists some 30 plus crimes that can be tagged as domestic violence crimes in Utah. If those defined domestic violence crimes are Class B or Class C misdemeanors, they can be removed to a Utah district court.
Surprisingly, both the defendant and the prosecuting attorney can file to remove a domestic violence case from justice court. The district court or justice court judge can not file to remove the case.
Either the defense or prosecution must move to transfer the domestic violence to the district court within 14 days of the matter being set for trial. The choice to transfer the domestic violence to a district court is irrevocable.
Normally you get a hearing or trial “De Novo” appeal from the justice court to the district court. If a case is removed to the district court, any appeal is as if the case originated in the district court. Which means any appeal is on the record and not a “Do Over” “De Novo” appeal where you get the try the case all over again.
District Court appeals are completely different than justice court De Novo appeals.
Many times in rural Utah you have non-law trained judges which can be difficult to try jury trials in front of. Other times the defendant may be too well known to the local justice court judge and would be better off in district court. Both of these reasons are good ways to advocate for your client and remove to the district court.
A major drawback from the defense perspective on removing a case is that you lose your De Novo appeal. De Novo appeals from the justice court to the district court are like a sneak peak at what the trial proofs will be. De Novo appeals are a second bite at the apple. If you lose in the justice court at a jury trial, you can get another jury trial on De Novo appeal in the district court. Having the Do Over appeal ability really lets you look at the evidence. Losing your right to a De Novo appeal is a major drawback for the defense requesting removal.
