Accused of Domestic Violence in Utah?
Contact Jake Gunter, an experienced Utah defense attorney, for a free consultation. With over 20 years of courtroom experience, Jake Gunter is ready to defend your rights.
Understanding Domestic Violence in Utah
In Utah, domestic violence isn’t a separate crime; instead, certain crimes are tagged with a domestic violence label when committed by one cohabitant against another. These laws are primarily found in the Cohabitant Abuse Procedures Act (Utah Code 77-36-101) and various sections of Title 76 in the Utah Criminal Code. Therefore, it is important to understand how these laws apply to your situation.
According to Utah Code 78B-7-102, a cohabitant includes anyone who is or was in a relationship with the other party. This could mean:
However, cohabitants do not include parents or guardians of minors or siblings under 18 living together. As a result, not all family members are classified as cohabitants under the law.
Domestic Violence in Utah includes various criminal offenses involving violence or threats of violence between cohabitants. Some common related offenses include:
For a full list of offenses, refer to Section 77-36-1 of the Utah Code. Therefore, understanding these offenses can help you determine the severity of your charges.
If you’ve been charged with domestic violence, you may also be subject to a protective order. These orders include:
These orders can limit your contact with the alleged victim until the case is resolved. Therefore, it is important to follow the conditions set by the court.
Under the Lautenberg Amendment to the Gun Control Act of 1968, individuals convicted of certain offenses cannot possess firearms. This law is especially relevant for military personnel, police officers, or anyone whose job involves firearms. Consequently, a conviction could impact your career if it involves firearms.
Utah law allows for enhancement of domestic violence charges based on prior convictions. For example:
As a result, having a previous conviction can lead to more serious penalties if charged again.
What Happens After a Arrest?
After an arrest, a court may issue a protective order limiting contact between you and the alleged victim. You could face misdemeanor or felony charges depending on the severity of the incident and your criminal history. Therefore, it’s essential to consult with an experienced attorney to understand your rights.
Can Charges Be Dismissed?
With an experienced attorney like Jake Gunter, it is possible to challenge the evidence, negotiate a reduction in charges, or even have the case dismissed, depending on the circumstances. As a result, the outcome may vary depending on the specific details of your case.
If you’re facing charges in Utah, it’s crucial to seek legal help immediately. Contact Jake Gunter at (801) 373-6345 for a free consultation. His 20+ years of courtroom experience can make the difference in your case.
