Utah Criminal Defense

Utah Domestic Violence Glossary

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UTAH DOMESTIC VIOLENCE CRIMINAL DEFENSE ATTORNEY JAKE GUNTER (801) 373-6345

Utah domestic violence laws are primarily found in the Cohabitant Abuse Procedures Act, Utah Code 77-36-101. The 30 plus different crimes that can be tagged with domestic violence are found throughout the Utah Criminal Code in Title 76. In Utah there is no crime of “domestic violence,” only other crimes that have a domestic violence tag applied to them.

Here is a list of Utah domestic violence terms.

(1) “Cohabitant means the same as that term is defined in Section 78B-7-102.
Utah Code 78B-7-102 states “Cohabitant” means an emancipated individual under Section 15-2-1 or an individual who is 16 years old or older who:
(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 individual’s parent, grandparent, sibling, or any other individual related to the individual 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.

“Cohabitant” does not include:
(i) the relationship of natural parent, adoptive parent, or step-parent to a minor; or
(ii) the relationship between natural, adoptive, step, or foster siblings who are under 18 years old.
(2) “Department” means the Department of Public Safety.
(3) “Divorced” means an individual who has obtained a divorce under Title 30, Chapter 3, Divorce.
(4) “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 sexual exploitation of a minor and aggravated sexual exploitation of a minor, as described in Sections 76-5b-201 and 76-5b-201.1;
(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 or adjudication of disorderly conduct is the result of a plea agreement in which the perpetrator was originally charged with a domestic violence offense otherwise described in this Subsection (4), except that a conviction or adjudication 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 76-5-114;
(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, or unlawful distribution of a counterfeit intimate image, as described in Section 76-5b-205;
(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 Subsection 78B-7-806(1).

(5) “Jail release agreement” means the same as that term is defined in Section 78B-7-801.

(6) “Jail release court order” means the same as that term is defined in Section 78B-7-801.

(7) “Marital status” means married and living together, divorced, separated, or not married.

(8) “Married and living together” means a couple whose marriage was solemnized under Section 30-1-4 or 30-1-6 and who are living in the same residence.

(9) “Not married” means any living arrangement other than married and living together, divorced, or separated.

(10) “Protective order” includes an order issued under Subsection 78B-7-804(3).

(11) “Pretrial protective order” means a written order:
(a) specifying and limiting the contact a person who has been charged with a domestic violence offense may have with an alleged victim or other specified individuals; and
(b) specifying other conditions of release under Section 78B-7-802 or 78B-7-803, pending trial in the criminal case.

(12) “Sentencing protective order” means a written order of the court as part of sentencing in a domestic violence case that limits the contact an individual who is convicted or adjudicated of a domestic violence offense may have with a victim or other specified individuals under Section 78B-7-804.

(13) “Separated” means a couple who have had their marriage solemnized under Section 30-1-4 or 30-1-6 and who are not living in the same residence.

(14) “Victim” means a cohabitant who has been subjected to domestic violence.

(15) “Criminal protective order” means an order issued under Part 8, Criminal Protective Orders.

(16) “Criminal stalking injunction” means a stalking injunction issued under Part 9, Criminal Stalking Injunctions.

(17) “Court clerk” means a district court clerk.

(18) “Dating partner” means an individual who: (A) is an emancipated individual under Section 15-2-1 or Title 80, Chapter 7, Emancipation; or (B) is 18 years old or older; and (ii) is, or has been, in a dating relationship with the other party. (b) “Dating partner” does not include an intimate partner.

(19) “Dating relationship” means a social relationship of a romantic or intimate nature, or a relationship which has romance or intimacy as a goal by one or both parties, regardless of whether the relationship involves sexual intimacy. (b) “Dating relationship” does not include casual fraternization in a business, educational, or social context. (c) In determining, based on a totality of the circumstances, whether a dating relationship exists: (i) all relevant factors shall be considered, including: (A) whether the parties developed interpersonal bonding above a mere casual fraternization; (B) the length of the parties’ relationship; (C) the nature and the frequency of the parties’ interactions, including communications indicating that the parties intended to begin a dating relationship; (D) the ongoing expectations of the parties, individual or jointly, with respect to the relationship; (E) whether, by statement or conduct, the parties demonstrated an affirmation of their relationship to others; and (F) whether other reasons exist that support or detract from a finding that a dating relationship exists; and (ii)it is not necessary that all, or a particular number, of the factors described in Subsection (11)(c)(i) are found to support the existence of a dating relationship.

(20) “Domestic violence” means the same as that term is defined in Section 77-36-1.

(21) “Ex parte civil protective order” means an order issued without notice to the respondent under:
(a) Part 2, Child Protective Orders;
(b) Part 4, Dating Violence Protective Orders;
(c) Part 5, Sexual Violence Protective Orders;
(d) Part 6, Cohabitant Abuse Protective Orders; or
(e) Part 11, Workplace Violence Protective Orders.

(22) “Ex parte civil stalking injunction” means a stalking injunction issued without notice to the respondent under Part 7, Civil Stalking Injunctions.

(22) “Foreign protection order” means the same as that term is defined in Section 78B-7-302.

(23) “Household animal” means an animal that is tamed and kept as a pet.

(24) “Intimate partner” means the same as that term is defined in 18 U.S.C. Sec. 921.

(25) “Law enforcement unit” or “law enforcement agency” means any public agency having general police power and charged with making arrests in connection with enforcement of the criminal statutes and ordinances of this state or any political subdivision.

(26) “Peace officer” means those individuals specified in Title 53, Chapter 13, Peace Officer Classifications.

(27) “Qualifying domestic violence offense” means the same as that term is defined in Section 77-36-1.1.

(28) “Respondent” means the individual against whom enforcement of a protective order is sought.

(29) “Stalking” means the same as that term is defined in Section 76-5-106.5.

(30) “Lautenberg Amendment” to the Gun Control Act of 1968 became effective 09/30/1996. The basics of the federal Lautenberg Amendment is that you can’t possess firearms if you have been convicted of qualifying domestic violence crimes. If you are a Soldier, military member, police officer, security guard or otherwise use a firearm, a qualifying domestic violence crime restricts your ability to possess firearms.

(31). “Restricted Person” means the same as Utah Code 77-10-503. That code section lists all people and their qualifying conditions which make them a Category I or Category II Restrict Person under Utah law. Restricted persons under Utah law cannot possess firearms or dangerous weapons.

(32) “Enhancement” means the ability of the prosecuting attorney to enhance or increase the severity grade of your current charges because of past convictions or charges. What would normally be a Class B Misdemeanor Assault is now a Class A Misdemeanor or higher depending on your past prior convictions or charges.   Conviction for purposes of domestic violence enhancement does not involve juvenile adjudications for domestic violence.

A prior plea in abeyance, first time offender program to a domestic violence crime does count as a prior conviction. It doesn’t matter if you plead guilty no-contest, are found guilty or plea guilty with a mental condition. All these types of prior pleas count as prior convictions for enhancement purposes.

Class B Enhancement. An individual who is convicted of a domestic violence offense is guilty of a class B misdemeanor if: (a) the domestic violence offense described in this Subsection (2) is designated by law as a class C misdemeanor; and (b) the individual commits or is convicted of the domestic violence offense described in this Subsection (2): (i)within 10 years after the day on which the individual is convicted of a qualifying domestic violence offense that is not a criminal mischief offense; or (ii) within five years after the day on which the individual is convicted of a criminal mischief offense.

Class A Enhancement. An individual who is convicted of a domestic violence offense is guilty of a class A misdemeanor if: (a) the domestic violence offense described in this Subsection (3) is designated by law as a class B misdemeanor; and (b) the individual commits or is convicted of the domestic violence offense described in this Subsection (3): (i) within 10 years after the day on which the individual is convicted of a qualifying domestic violence offense that is not a criminal mischief offense; or (ii) within five years after the day on which the individual is convicted of a criminal mischief offense.

Third Degree Felony. An individual who is convicted of a domestic violence offense is guilty of a third degree felony if: (a) the domestic violence offense described in this Subsection (4) is designated by law as a class B misdemeanor offense against the person and the individual: (i) (A)commits or is convicted of the domestic violence offense described in this Subsection (4) within 10 years after the day on which the individual is convicted of a qualifying domestic violence offense that is not a criminal mischief offense; and (B) is convicted of another qualifying domestic violence offense that is not a criminal mischief offense after the day on which the individual is convicted of the qualifying domestic violence offense described in Subsection (4)(a)(i)(A) and before the day on which the individual is convicted of the domestic violence offense described in this Subsection (4);(ii) (A) commits or is convicted of the domestic violence offense described in this Subsection (4) within five years after the day on which the individual is convicted of a criminal mischief offense; and (B) is convicted of another criminal mischief offense after the day on which the individual is convicted of the criminal mischief offense described in Subsection (4)(a)(ii)(A) and before the day on which the individual is convicted of the domestic violence offense described in this Subsection (4); or (iii) commits or is convicted of the domestic violence offense described in this Subsection (4) within 10 years after the day on which the individual is convicted of a qualifying domestic violence offense that is not a criminal mischief offense and within five years after the day on which the individual is convicted of a criminal mischief offense; and (b) (i) the domestic violence offense described in this Subsection (4) is designated by law as a class A misdemeanor; and (ii) the individual commits or is convicted of the domestic violence offense described in this Subsection (4): (A) within 10 years after the day on which the individual is convicted of a qualifying domestic violence offense that is not a criminal mischief offense; or (B) within five years after the day on which the individual is convicted of a criminal mischief offense.

(33) “Offense against the person” means commission or attempt to commit an offense under Title 76, Chapter 5, Part 1, Assault and Related Offenses, Part 2, Criminal Homicide, Part 3, Kidnapping, Trafficking, and Smuggling, Part 4, Sexual Offenses, or Part 7, Genital Mutilation, by one cohabitant against another.

(34) “Property damage offense” means the commission or attempt to commit an offense under Section 76-6-106.1 by one cohabitant against another.

(35) “Qualifying domestic violence offense” means: (i) a domestic violence offense in Utah; or (ii) an offense in any other state, or in any district, possession, or territory of the United States, that would be a domestic violence offense under Utah law.

(36) “Lethality assessment” is where the on-scene law enforcement officers questions the domestic violence victim as to the seriousness of the situation, histories and access to dangerous weapons.

(37) “Predominant aggressor” is the analysis of the on-scene law enforcement officer on who to arrest.

IF YOU HAVE BEEN ACCUSED OF DOMESTIC VIOLENCE IN UTAH CALL/TXT TRIAL LAWYER JAKE GUNTER. LET HIS 20 YEARS OF COURTROOM EXPERIENCE WORK FOR YOU

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