Summary of Key Points: Domestic Violence in the Presence of Children in Utah

Understanding Utah Domestic Violence Laws Involving Children

Domestic violence in Utah carries severe consequences, especially when committed in the presence of children. Here’s an overview of key classifications, penalties, and legal definitions related to such cases.

Classifications and Penalties for Domestic Violence in Utah

Domestic violence in the presence of a child can result in either a Class B misdemeanor or a third-degree felony, depending on the severity of the offense.

Class B Misdemeanor

• Penalty: 0–6 months in county jail, with the possibility of probation instead of jail time.
• Expungement: Eligible 4 years after case closure or probation completion.

Third-Degree Felony

• Penalty: Up to 364 days in county jail or up to 5 years in Utah State Prison, supervised by Adult Probation & Parole.
• Expungement: Eligible 7 years after case closure or probation completion.

Legal Definitions of Domestic Violence in the Presence of a Child

Utah law defines “in the presence of a child” as either:

1. Physical presence of the child during the act of violence.
2. Knowledge that a child could see or hear the domestic violence incident.

Case Precedents for Utah Domestic Violence Cases

Utah courts have established significant precedents for domestic violence cases involving children:

• State v. Hughes (2024): Evidence may include interactions heard across multiple areas, supporting convictions even if the child didn’t directly witness the violence.
• State v. Diviney (2021): A child’s possible awareness of the violence—even if asleep or behind a closed door—is sufficient for conviction.

Legislative Provisions (Effective 5/4/2022)

Utah statutes now outline additional charges when multiple children are present during domestic violence incidents. Each child involved may result in separate charges, reflecting the state’s commitment to protecting minors.

Enhanceable Domestic Violence Offenses in Utah

All domestic violence offenses in Utah are enhanceable, meaning repeated convictions lead to more severe penalties, including increased charges or longer sentencing.

Need Legal Help? Call Utah Domestic Violence Attorney Jake Gunter

If you or a loved one is facing domestic violence charges, including those involving children, it’s crucial to have experienced legal representation. Jake Gunter, a domestic violence attorney, offers dedicated defense strategies tailored to your case.

• Contact: Call or text (801) 373-6345 for immediate assistance.

Conclusion

Utah’s domestic violence laws emphasize protecting children and holding offenders accountable. Understanding classifications, penalties, and case precedents can help you navigate these complex legal matters. Reach out to Jake Gunter today to ensure your rights are protected.

Learn More About Criminal Defense Lawyer Jake Gunter

For additional insights on Criminal Defense Law and to get to know Jake Gunter better, check out these helpful videos:

• Meet Jake Gunter – Learn more about Jake Gunter’s background, experience, and dedication to helping clients throughout Utah.
• How to Choose a Utah Personal Injury Attorney – This video offers guidance on selecting the right personal injury attorney to ensure you receive effective representation.
• What Jake Gunter Does and Who He Represents – Discover the types of cases Jake Gunter handles and how he advocates for the rights of injured individuals statewide.

These resources will provide you with valuable information as you consider your legal options. For any questions or to schedule a free consultation, feel free to reach out to us directly.