Domestic Violence Defense Attorney in Utah
Protect Your Reputation and Quality of Life with Domestic Violence Defense Lawyer
Have you been charged with domestic violence in Utah? If so, your reputation and quality of life may already be suffering and a conviction will only make it worse. For example, an officer is required by law to remove firearms at the scene of a domestic violence incident, regardless of their purpose. If you get convicted, then the court has the authority to revoke concealed carry permits, hunter’s licenses, and any use of firearms. A domestic violence conviction can also limit child custody and even result in your parental rights being revoked. If you are facing a domestic violence charge, you need a Utah defense attorney.
We are experts in getting domestic violence charges reduced or dismissed. Call us at 801.980.9965 today for a no-obligation consultation.
Threat of Violence
A threat of violence charge is when an offender threatens injury, death or substantial property damage with the intent to frighten a victim. Threat of violence is a Class B misdemeanor, so you could be facing a $1,000 fine and up to six months in jail.
Violation of Protective Order
A protective order is typically filed between two people due to a personal conflict, but once the protective order is filed, the conflict is no longer personal. If a person is accused of violating a protective order and the officer involved determines accusation is well-founded, a protective order requires the accused be arrested.
Due to the nature of these situations, the officers involved must make snap judgments, which can make life hard for the accused. These situations are particularly volatile when parental custody is at stake.
Violation of No Contact Order
A no-contact order is an order issued by the court regarding a criminal case in which there were allegations of a violent or threatening act, most commonly domestic violence. A no contact order requires the alleged abuser to:
- Have no personal contact with the victim
- Neither threaten nor harass the victim
- Avoid visiting the premises of the victim’s residence or anywhere the victim is temporarily living
- Also avoid sending messages through third parties
The difference between a protective order and a no contact order is the situation in which they are filed. The victim must request a protective order – while the court can order a no contact order. Violating a no contact order is classified as a Class B misdemeanor and can lead to other charges also being filed.
Domestic Violence in the Presence of a Child
Committing an act of domestic violence in the presence of a child can double the criminal charges you face since each child present serves as the basis for a separate charge. Utah law has a broad definition for the presence of a child in terms of domestic violence, so a child doesn’t actually have to witness the violent act. They could, for example, simply be in the next room.
Domestic Violence Attorney Utah
When it comes to protecting your quality of life, you need an aggressive, experienced domestic violence defense lawyer to defend your rights. Wasatch Defense Attorneys have over 100 years of experience. Get the support you deserve. Call us now for a Free case review.
Call the domestic violence Defense Attorney Salt Lake City chooses when they want only the best!
Frequently Asked Questions About Domestic Violence
What Are the Different Types of Domestic Violence?
Although most people associate domestic violence with physical abuse, domestic violence charges can also be filed for Control, Physical Abuse, Sexual Abuse, psychological, Emotional Abuse & Intimidation, Isolation, Verbal Abuse: Coercion, Threats, & Blame, or financial abuse. In Utah, any crime committed against a cohabitant is considered to be domestic violence. For instance, someone who destroys the property of a cohabitant can be charged with domestic violence.
What Are the Penalties for Domestic Violence in Utah?
Penalties for domestic violence in Utah vary by the seriousness of the crime and by the existing record, if any, of the perpetrator. Subsequent offenses come with increasingly severe consequences in Utah. Situations involving serious injuries, the use of a weapon, aggravated assault, or damage involving more than $2,500 are prosecuted as felonies in the state of Utah.
Does Domestic Violence Charge Stay on Your Record
Unless you are found eligible for an expungement, a domestic violence charge will remain on your record for an indefinite period of time. Expungement regulations vary, so those considering going this route are advised to consult a domestic violence attorney for the most up-to-date and accurate information. Generally, misdemeanor charges may be eligible for expungement in 3-5 years, while felonies require a waiting period of 7-10 years.
What Makes Domestic Violence Charge a Felony or a Misdemeanor?
A misdemeanor Domestic Violence conviction carries a jail sentence of up to one year in Utah, while felony convictions result in sentences of at least five years. Sentencing is dependent on factors such as prior convictions, the severity of the injuries, whether or not a weapon was involved, whether or not a child was present, when the act took place, and whether monetary damages of $2,500 or more were a part of the picture.
Is Threat of Violence Gross Misconduct in Utah?
The definition of Gross Misconduct is intentional actions designed to shock the conscience of the average reasonable person. Certain acts of domestic violence fall within this legal parameter in Utah — it depends on the nature of the threat and how and where it is delivered.
How Does Domestic Violence Affect Child Custody?
Although child custody laws in Utah trend toward joint or shared custody situations, a history of domestic violence will make a difference in the eyes of a judge in family court when it comes to custody issues, and it no longer matters whether the parents were ever married or lived together as domestic partners. A recent domestic violence act has strengthened laws in Utah to include those who have never lived together or been married but have children together, which means that parents in those situations stand to lose significant child custody rights if they’re convicted of domestic violence.
How to Drop Domestic Violence Charges in Utah?
Utah’s harsh domestic violence laws make it extremely difficult for charges to be dropped — the alleged victim, for instance, usually can’t get the charges dropped simply by making an appeal to the District Attorney because the state is the prosecuting body.
How Much Does a Domestic Violence Lawyer Cost?
The rates of domestic violence vary by experience and expertise. Although you can sometimes get a bargain but hiring an inexperienced lawyer often has negative consequences.
Guard Your Rights
Do NOT Waive Your Right to Legal Counsel! Authorities will try get you to incriminate yourself and suggest there is no need for an attorney. Stay calm and call us immediately: 801.980.9965
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