How Is Domestic Violence In Presence Of A Child Defined In Utah?

Under Utah law, a person accused of domestic violence against a cohabitant in the presence of a child can be charged as a third-degree felony under Utah criminal code 76-5-109.1.Under Utah law, the term “cohabitant” is defined as an emancipated person or a person who is 16 years of age or older who:

  • is or was a spouse of the other party;
  • is or was living as if a spouse of the other party;
  • is related by blood or marriage to the other party;
  • has one or more children in common with the other party;
  • is the biological parent of the other party’s unborn child; or
  • resides or has resided in the same residence as the other party.

A person who is accused of criminal homicide or attempted criminal homicide against a cohabitant in the presence of a child or intentionally causes serious bodily injury or uses a dangerous weapon or other means or force likely to produce death or serious bodily injury can be charged as a third-degree felony.

If there is an altercation between you and your spouse and an assault takes place in the presence of your children, it is usually a class B misdemeanor and you can be charged separately for each child present. A domestic violence conviction can affect your civil gun rights.

This type of charge is a very serious offense and should not be taken lightly. A third-degree felony is punishable by up to five years in prison and a fine of up to $5,000 plus restitution costs of treatments or services provided to the victim. A conviction may significantly and negatively impact an offender’s career. Criminal convictions are public record, and the stigma that is attached to domestic violence crimes often prevents offenders from obtaining future employment or housing, your very livelihood is at stake.

You may have the impression that if a charge is dropped by the alleged victim that you don’t need a lawyer. However, even if the charges are dropped, Utah prosecutors may still choose to prosecute you.

If you are facing a charge of domestic violence in front of children your future is at stake and you need professional legal counsel. Domestic violence defense Utah attorney Matt Nebeker has years of legal experience and is ready to help now. People who retain the law office of Matt Nebeker for their legal defense can be confident that they are in the hands of an experienced and dedicated professional who understands what is at stake

How Is Domestic Violence Disorderly Conduct Defined In Utah?

Domestic violence – disorderly conduct is the commission or attempt to commit disorderly conduct by one cohabitant against another. Depending on the facts, disorderly conduct can be charged as a class C misdemeanor or an infraction and can carry a sentence up to $1000.00 fine and six months in jail.

A defendant can be found guilty of a class C misdemeanor pertaining to domestic violence – disorderly conduct if, after being asked to desist, they refuse to comply with the lawful order of the police to move from a public place, or knowingly create a hazardous or physically offensive condition, by any act which serves no legitimate purpose; or intending to cause public inconvenience, annoyance, or alarm, or recklessly creates a risk thereof, they:

  • engage in fighting or in violent, tumultuous, or threatening behavior;
  • make unreasonable noises in a public place;
  • make unreasonable noises in a private place which can be heard in a public place;
  • or obstruct vehicular or pedestrian traffic

This type of charge is a very serious offense and should not be taken lightly. Above and beyond fines and jail time, the court can order you to pay restitution costs of treatments or services provided to the victim(s). You can also be ordered to obtain and satisfactorily complete treatment or therapy in a domestic violence treatment program that is licensed by Utah’s Department of Human Services. A defendant convicted of domestic violence – disorderly conduct may not possess, use or have control of a firearm or ammunition for life.

You may have heard that if the charge is dropped by the alleged victim that you don’t need a lawyer. However, even if the charges are dropped, Utah prosecutors may still choose to prosecute you.

If you are facing a charge of domestic violence – disorderly conduct your future is at stake and you need professional legal counsel. Domestic violence defense Utah attorney Matt Nebeker has years of legal experience and is ready to help now. People who retain the law office of Matt Nebeker for their legal defense can be confident that they are in the hands of an experienced and dedicated professional who understands what is at stake.

For more information on Domestic Violence Near Children In Utah, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (801) 309-6966 today.

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