Utah Domestic Violence Laws

Utah takes domestic violence seriously, enforcing strict laws and substantial penalties for offenses committed against cohabitants. Understanding these laws—whether you are facing accusations, seeking protection, or trying to help someone—can be critical for navigating the legal process.

This article provides an overview for anyone who's been accused of domestic violence or wants to understand the law.

Domestic Violence: Key Definitions in Utah Law

In Utah, any crime involving violence, attempted violence, or the threat of violence or physical harm is domestic violence if committed by one cohabitant against another.

Who Are Cohabitants?

Cohabitants include:

• current and former spouses (or those living together as if they are spouses)
• current or former sexual partners
• current or former co-residents
• persons who share a child or unborn child, and
• persons related by blood or marriage to the second degree.

(Violence against children and dating partners are covered under separate laws in Utah.)

What Are Domestic Violence Crimes?

Crimes such as assault, harassment, stalking, and violation of a protective order are domestic violence crimes when committed against a cohabitant. These are just a handful of the listed domestic violence crimes. Check out section 77-36-1 for the full list (of more than 30 offenses).

(Utah Code §§ 76-5-108, 77-36-1, 78B-7-102, 78B-7-602, 78B-7-603 (2025).)

Consequences for Domestic Violence Acts in Utah

In Utah, a person who commits domestic violence will often face protective order restrictions (civil, criminal, or both), mandatory arrests, and, if convicted, possible jail time and fines.

Civil Protective Orders

Utah law allows a victim of domestic violence to ask for a "cohabitant protective order" in civil court to stop or prevent violence. This protective order can also direct the abuser to move out of shared residence, not to contact the victim, and not to possess firearms. Violating this order is a crime. A victim can ask for this order even if there are no criminal charges.

Criminal Provisions for Domestic Violence

When police or prosecutors get involved, an offender can face:

• mandatory arrest policies for certain domestic violence calls
• pretrial release restrictions for domestic violence charges
• harsher penalties for repeat domestic violence convictions, and
• continuing protective orders as part of sentencing.

We'll explain these provisions in more detail below.

(Utah Code §§ 76-5-108, 77-36-1, 78B-7-102, 78B-7-602, 78B-7-603 (2025).)

Arrests and Bail in Utah Domestic Violence Cases

Utah law imposes certain arrest and pretrial release requirements in suspected domestic violence cases.

Arrest Policies

Under Utah's laws, if a police officer has probable cause to believe that a domestic violence crime has occurred, the officer must arrest the suspect or issue a citation. If the officer believes the victim will remain in danger, or that the defendant has recently caused serious injury or used a dangerous weapon, the officer must make an arrest and take the defendant into custody. The mandatory arrest policy also kicks in any time an officer believes a defendant violated a protective order.

Bail and Jail Release Agreements

Before being released on bail, the arrestee must go before a judge or sign what's called a jail release agreement. The jail release agreement states the defendant will stay away from the victim and not communicate with them. Violation is a crime.

In some cases where the defendant's release would be a substantial danger to the alleged victim, or the defendant is a flight risk, the judge can deny bail.

Pretrial Protective Orders

Whenever a defendant is charged with domestic violence, the court may issue a pretrial protective order that sets conditions such as:

• banning the defendant from contacting or communicating with the victim
• excluding the defendant from the petitioner's residence, school, workplace, or any other place
• requiring electronic monitoring, and
• granting any other relief necessary for the safety and welfare of the petitioner or another person.

This order lasts while the criminal case is pending.

Consequences for Violating a Protective Order

Violating any type of criminal protective order is a crime, including jail release orders, pretrial protective orders, and sentencing protective orders. When the underlying offense is a misdemeanor, a violation of a protective order carries class A misdemeanor penalties. For felony offenses, a protective order violation is a third-degree felony.

(Utah Code §§ 76-5-108, 77-20-201, 77-20-204, 77-20-205, 77-36-2.2, 77-36-2.4, 78B-7-801, 78B-7-802, 78B-7-806 (2025).)

Penalties for Domestic Violence Crimes in Utah

Utah's laws impose enhanced penalties for repeat domestic violence offenses, plus separate charges for domestic violence committed in the presence of a child.

Enhanced Penalties for Repeat Domestic Violence Convictions

Misdemeanor domestic violence offenses can be enhanced if a defendant has a prior domestic violence conviction. The enhanced penalties kick in when a defendant commits the current offense within 5 or 10 years of a prior domestic violence conviction. The 5-year lookback period applies to property damage offenses. The 10-year lookback period applies to all other qualifying domestic violence offenses.

The enhancement increases misdemeanor charges by one classification. A class C misdemeanor increases to a class B misdemeanor. A class B misdemeanor increases to a class A, and a class A misdemeanor increases to a third-degree felony. In certain cases, a class B misdemeanor can be enhanced to a third-degree felony.

For example, assault is usually a Class B misdemeanor, but if the defendant has a prior conviction for domestic violence, the assault becomes a Class A misdemeanor.

(Utah Code § 77-36-1.1 (2025).)

Domestic Violence Committed in the Presence of a Child

A defendant who commits a domestic violence offense in the physical, visual, or audible presence of a child commits an additional offense. When more than one child is present, the prosecutor can file charges for each child present.

Domestic violence committed in the presence of a child carries third-degree felony penalties (considered a violent felony) if the defendant:

• commits or attempts to commit criminal homicide of a cohabitant
• intentionally causes serious bodily injuries to a cohabitant
• strangles or suffocates a cohabitant, or
• uses a dangerous weapon or other force likely to cause death or serious bodily injuries to the cohabitant.

In all other cases, domestic violence in the presence of a child is a class B misdemeanor.

(Utah Code §§ 76-3-203.5, 76-5-114 (2025).)

Sentencing Provisions for Domestic Violence Cases in Utah

When sentencing a defendant for a domestic violence offense, the court must consider the safety and protection of the victim.

No Diversion

A sentencing judge cannot authorize diversion in domestic violence cases.

Sentencing Protective Order

When placing a defendant on probation for domestic violence, the judge can order the defendant to comply with a sentencing protective order. A sentencing protective order can direct the defendant to stay away from the victim, move out of a shared residence, and surrender any firearms in their possession. A violation can result in immediate arrest, detention, and revocation of probation.

Sentencing Conditions

Other sentencing conditions that may be imposed include electronic monitoring of the defendant, required counseling, and restitution to the victim for costs or treatment.

(Utah Code §§ 77-36-2.7, 77-36-5, 78B-7-804 (2025).)

Firearms Restrictions in Utah Domestic Violence Cases

Utah law places several restrictions on firearms possession in domestic violence cases.

Civil and Criminal Protective Orders: No Firearms

Judges can prohibit a person from buying, using, or possessing a firearm or other weapon as a condition of a cohabitant protective order, pretrial protective order, or sentencing protective order. A defendant may need to surrender firearms under a sentencing protective order.

Restricted Persons: Categories I and II

Those convicted of violent felonies, domestic violence felonies, and misdemeanor domestic assault can't possess or own firearms under state and federal laws.

Violating firearms restrictions carries second- and third-degree felony penalties under state law. Federal penalties may also apply.

(Utah Code §§ 76-11-302, 76-11-303, 76-11-305, 76-11-306, 78B-7-603, 78B-7-803, 78B-7-804 (2025).)

Getting Legal Help in Utah

A protective order or conviction for domestic violence can have serious consequences. If you're charged with domestic violence or served with a protective order, you should contact a Utah criminal defense attorney immediately. An attorney can tell you what to expect in court, protect your rights, and defend your case.