The simple definition of domestic violence is someone committing a specifically-named criminal act against your significant other, live-in partner, former live-in partner, etc. The longer definition is found at Utah Code Ann. 78B-7-102 in the Cohabitant Abuse Act which reads:
The following people can be a victim under Utah’s domestic violence laws. These people are called “Cohabitants.”
(i) is or was a spouse of the other party;
(ii) is or was living as if a spouse of the other party;
(iii) is related by blood or marriage to the other party as the person’s parent, grandparent, sibling, or any other person related to the person by consanguinity or affinity to the second degree;
(iv) has or had one or more children in common with the other party;
(v) is the biological parent of the other party’s unborn child;
(vi) resides or has resided in the same residence as the other party; or
(vii) is or was in a consensual sexual relationship with the other party.
The long definition of Utah domestic violence law is found in Utah Code Ann. 77-36-1 et seq:
“Domestic violence” or “domestic violence offense” 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.
“Domestic violence” or “domestic violence offense” includes commission or attempt to commit, any of the following offenses by one cohabitant against another:
(a) aggravated assault, as described in Section 76-5-103;
(b) aggravated cruelty to an animal, as described in Subsection 76-9-301(4), with the intent to harass or threaten the other cohabitant;
(c) assault, as described in Section 76-5-102;
(d) criminal homicide, as described in Section 76-5-201;
(e) harassment, as described in Section 76-5-106;
(f) electronic communication harassment, as described in Section 76-9-201;
(g) kidnapping, child kidnapping, or aggravated kidnapping, as described in Sections 76-5-301, 76-5-301.1, and 76-5-302;
(h) mayhem, as described in Section 76-5-105;
(i) sexual offenses, as described in Title 76, Chapter 5, Part 4, Sexual Offenses, and Section 76-5b-201, Sexual exploitation of a minor — Offenses;
(j) stalking, as described in Section 76-5-106.5;
(k) unlawful detention or unlawful detention of a minor, as described in Section 76-5-304;
(l) violation of a protective order or ex parte protective order, as described in Section 76-5-108;
(m) any offense against property described in Title 76, Chapter 6, Part 1, Property Destruction, Title 76, Chapter 6, Part 2, Burglary and Criminal Trespass, or Title 76, Chapter 6, Part 3, Robbery;
(n) possession of a deadly weapon with criminal intent, as described in Section 76-10-507;
(o) discharge of a firearm from a vehicle, near a highway, or in the direction of any person, building, or vehicle, as described in Section 76-10-508;
(p) disorderly conduct, as defined in Section 76-9-102, if a conviction of disorderly conduct is the result of a plea agreement in which the defendant was originally charged with a domestic violence offense otherwise described in this Subsection (4), except that a conviction of disorderly conduct as a domestic violence offense, in the manner described in this Subsection (4)(p), does not constitute a misdemeanor crime of domestic violence under 18 U.S.C. Sec. 921, and is exempt from the federal Firearms Act, 18 U.S.C. Sec. 921 et seq.;
(q) child abuse, as described in Section 76-5-109.1;
(r) threatening use of a dangerous weapon, as described in Section 76-10-506;
(s) threatening violence, as described in Section 76-5-107;
(t) tampering with a witness, as described in Section 76-8-508;
(u) retaliation against a witness or victim, as described in Section 76-8-508.3;
(v) unlawful distribution of an intimate image, as described in Section 76-5b-203;
(w) sexual battery, as described in Section 76-9-702.1;
(x) voyeurism, as described in Section 76-9-702.7;
(y) damage to or interruption of a communication device, as described in Section 76-6-108; or
(z) an offense described in Section 77-20-3.5.
One penalty for a domestic violence conviction are federal and state restrictions on your ability to own, possess, or use firearms. This is very serious matter for many Utahns.
Domestic violence charges are enhanceable. Meaning, the second, third, or further charges increase in the severity of punishment.
1. $690 fine and up to 6 months in jail.
2. Likely a domestic violence evaluation and subsequent domestic violence treatment courses as recommended in the evaluation.
3. 12 months court probation.
4. Firearms restrictions.
5. Possible protective order restrictions from contacting the cohabitant victim. All crimes of domestic violence are enhanceable offenses.
Has your loved one been charged with domestic violence. Call/TXT attorney Jake Gunter for a free consultation (801) 373-6345.
