Utah domestic violence convictions don’t always lead to imprisonment. Alternative sentencing involves avoiding imprisonment altogether. It’s really a variation of probation, usually involving a fine, community service, and a set period of probation. Utah is one of a handful of states that have been utilizing alternative sentencing methods for years in an effort to cut back on the costs of keeping low-level offenders in overcrowded jails and prisons.
Alternative Sentences for Domestic Violence in Utah Courts
- Have offenders carry signs that inform the community of their offenses.
- Stay at home under “house arrest.”
- Complete anger management courses and substance abuse courses, receive psychological and psychiatric treatments, and undergo counseling.
- Attend lectures given by domestic violence victims.
It’s important to note that the court does not have to grant an alternative sentence for a domestic violence conviction; it will vary on a case-by-case basis. The court will give the safety and protection of the victim and his/her family or household the highest priority before considering an alternative sentence for a domestic violence offender.
Gaining an Alternative Sentence for a Domestic Violence Conviction
To gain an alternative sentence, you need to agree to the following conditions set forth by the judge:
- Not committing violent acts against the victim and members of the victim’s family or household.
- Not communicating with the victim and members of the victim’s family or household directly or indirectly.
- Staying away from the victim’s residence, school, place of employment, and other specified places where the victim and/or members of the victim’s family or household frequently visit.
- Not consuming alcohol and other controlled substances.
- Not purchasing any firearms.
- Surrendering any firearms that are already in your possession.
- Participating in and completing to the satisfaction of the court a program of intervention for perpetrators, which can include treatment for alcohol or substance abuse and/or psychiatric or psychological treatment.
- Paying restitution to the victim.
- Agreeing to other conditions to protect the victim and the members of the victim’s family or household.
- Agreeing to other conditions to rehabilitate you, the perpetrator.
- Paying for all costs associated with probation.
Obtaining Legal Help
Gaining an alternative sentence in a domestic violence conviction is not automatic, but will have a greater chance of happening with an experienced attorney who knows the Utah court system and how to present your case to the court. By having an experienced attorney, you can present the best possible case to increase your chances of receiving alternative sentencing for your domestic violence conviction.
