Utah Domestic Violence Laws

In Utah, a person commits domestic violence by committing or attempting to commit any crime involving violence, physical harm, or the threat of violence or physical harm against a "cohabitant" (a term that has specific meaning under the law). A person charged with domestic violence will often have to obey a protective order, and if convicted of the crime, can face stiff penalties. This article provides an overview for anyone who's been accused of domestic violence or is interested in understanding the law.

What Is Considered Domestic Violence 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.

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 (except parents and minor children and minor siblings).

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).

Civil protective orders. Utah law allows a victim of domestic violence to ask for a "cohabitant protective order" 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.

Criminal provisions. Utah's domestic violence laws also impose:

• 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 (2024).)

What Are the Penalties for Domestic Violence Crimes in Utah?

Utah's laws impose enhanced penalties for repeat domestic violence offenses, additional charges for domestic violence committed in the presence of a child, and special sentencing provisions for dangerous offenders.

Enhanced Penalties for Repeat Domestic Violence Convictions

Misdemeanor domestic violence offenses are enhanceable 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 (2024).)

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 if the defendant:

• commits or attempts to commit criminal homicide of a cohabitant
• intentionally causes serious bodily injuries to 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 § 76-5-114 (2024).)

Sentencing Provisions in Domestic Violence Cases

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.

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 (2024).)

Arrests and Bail in Utah Domestic Violence Cases

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

Arrest Policies in Domestic Violence Cases

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.

(Utah Code §§ 77-6-2.2, 77-36-2.4 (2024).)

Bail in Domestic Violence Cases

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, 78B-7-801, 78B-7-802, 78B-7-806 (2024).)

Firearms Restrictions in Utah Domestic Violence Cases

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

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

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

(Utah Code §§ 76-10- 503, 78B-7-603, 78B-7-803, 78B-7-804 (2024).)

Getting Legal Help

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 and advocate on your behalf so that you can obtain the best possible outcome.