Domestic Violence

It is a crime in the state of Utah to harm or threaten violence against a spouse or co-habitant. If children are present in the home or property, a person can also be charged with domestic violence in the presence of a child. Domestic violence crimes are serious. They are considered “enhanceable” offenses which can lead to a higher category of charges and potential incarceration if charged more than once within a five-year period.

A conviction for domestic violence also places the defendant on the domestic violence database which may affect employment, adoption, parenting rights within divorces, etc. A person convicted of domestic violence is disqualified from holding a concealed weapon permit.

Many people are wrongfully charged with domestic violence. Generally, if police respond to a domestic violence complaint, domestic violence charges are lodged against all participants, even those attempting to defend themselves. In recent years, courts and prosecutors have been aggressive in prosecuting and sentencing offenders. Many innocent people are charged with domestic violence simply because they were present or were defending themselves.

It is extremely important that you do not talk with the police and that you hire counsel at the very first opportunity. Admissions made to police make obtaining convictions much easier. Many people think they can explain their way out of charges if the police officer is treating them kindly. However, in our experience, the officers are attempting to build a case using the person’s own words against them.