In Utah it is easy to be charged with Domestic Violence, in fact it appears that if police officers are called to a residence concerning a domestic dispute that someone will be arrested for Domestic Violence. What is domestic violence in Utah? The definition comes from Utah code as quoted below.
If you have been charged with Domestic Violence you need a Utah lawyer that understands domestic violence laws in Utah. We have represented individuals that have been charged with domestic violence and have even taken these types of cases to trial and won. Domestic Violence is not a joking matter and can affect your future. It is important to stand up if you are innocent and protect your rights. At Arnold & Wadsworth we offer a free consultation to review your facts and situation. We will give you our honest opinion concerning your case and give you a path on how to best help you legally.
If Domestic Violence charges also involve a divorce make sure you talk to one of our divorce lawyers in order to find out how it could affect your divorce and child custody matter.
“Domestic violence” 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” also means 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) assault, as described in Section 76-5-102;
(c) criminal homicide, as described in Section 76-5-201;
(d) harassment, as described in Section 76-5-106;
(e) electronic communication harassment, as described in Section 76-9-201;
(f) kidnapping, child kidnapping, or aggravated kidnapping, as described in Sections 76-5-301, 76-5-301.1, and 76-5-302;
(g) mayhem, as described in Section 76-5-105;
(h) sexual offenses, as described in Title 76, Chapter 5, Part 4, Sexual Offenses, and Section 76-5b-201, Sexual Exploitation of a Minor;
(i) stalking, as described in Section 76-5-106.5;
(j) unlawful detention or unlawful detention of a minor, as described in Section 76-5-304;
(k) violation of a protective order or ex parte protective order, as described in Section 76-5-108;
(l) any offense against property described in Title 76, Chapter 6, Part 1, Property Destruction, Part 2, Burglary and Criminal Trespass, or Part 3, Robbery;
(m) possession of a deadly weapon with intent to assault, as described in Section 76-10-507;
(n) 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;
(o) 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 any of the domestic violence offenses otherwise described in this Subsection (4). Conviction of disorderly conduct as a domestic violence offense, in the manner described in this Subsection (4)(o), does not constitute a misdemeanor crime of domestic violence under 18 U.S.C. Section 921, and is exempt from the provisions of the federal Firearms Act, 18 U.S.C. Section 921 et seq.; or
(p) child abuse as described in Section 76-5-109.1.