Domestic violence means any criminal offense involving violence or physical harm with a cohabitant, including assault, a threat of violence or physical harm, or an attempt to commit a criminal offense involving violence or physical harm. Cohabitants refer to people living together as boyfriend/girlfriend, spouses, or the parents of a child. When we say domestic violence, we are talking about a criminal offense that involves a cohabitant. There can be domestic violence assault, domestic violence criminal mischief and domestic violence in the presence of children. Criminal mischief essentially means damaging property. For example, if you and your spouse got into an argument and you threw a plate, causing it to break, then that would be considered criminal mischief. If your children were present during that time, that would be considered domestic violence in the presence of children. I’d like to think of it as an enhancement; it’s more serious because of the familial relationship. How Serious Are Domestic Violence Allegations In Utah?In Utah, once the police show up to a domestic violence call, there is about a 95% chance that one person is going to go to jail. It’s almost an unwritten rule that if they have to go out there and get in the middle of your familial relationships, then someone is going to jail. It just seems that way; it’s not an official rule. When that person goes to jail, they don’t automatically get a bail or a bond like they would with other offenses, such as DUI or theft. A lot of times they have to wait there until they can be seen by a judge. They are prohibited from contacting the alleged victim, and they are not going to be able to reach them through the phones at the jail. If they go in on a Friday night, they might not see a judge until Monday morning. Even if they do get out of jail on Monday morning, the terms of the release will disallow them from having any contact with the alleged victim. That means that they won’t be allowed to enter the residence without the assistance of a police officer- not even to gather some clothes for work. Are Orders Of Protection Automatically Placed In A Domestic Violence Case?If charges are filed, part of the prosecutor’s duty is to contact the alleged victim or victims and see if they want the criminal court to enter an order of protection. An order of protection is not ordered automatically; it’s the prosecutor’s obligation to make contact with the victim and see what they want. If they want that order in place, then it could stay in place as long as the criminal court has jurisdiction over the case. Depending on the outcome of the case, that could be 12 to 18 months. I see those orders of protection being issued quite frequently because the victims are afraid and worried about their children, their health and their safety. How Are Domestic Violence Charges Determined To Be Either A Misdemeanor Or A Felony?There are different things that can make a charge a felony versus a misdemeanor. Aggravated assault, the use of a weapon, very serious injury, and criminal mischief resulting in over $2,500 worth of damage could all lead to felony charges. Another factor that’s taken into consideration is whether or not there are prior domestic violence convictions. For example, if you have an ongoing problem with one of your family members and you were charged and convicted with domestic violence a year ago, then your next domestic violence offense could be enhanced to a Class A misdemeanor. If you have another episode six months down the road, then that can be a felony. Basically, the determining factors are the classification of the charge, the seriousness of the damage involved and prior convictions. Suing for Domestic ViolenceAlthough for many years suing ones spouse was prohibited under spousal privilege, these days most states do allow one to sue your spouse, either while still married or afterwards. Ten states (Arizona, Delaware, Hawaii, Illinois, Iowa, Louisiana, Missouri, Ohio, Texas, Utah, and Wyoming) and Washington D.C. still do prohibit immediate family from suing one another. But even these states generally allow exceptions for “intentional torts,” or specific and purposeful acts of wrongdoing on the family member’s part. All of the typical behaviors which generally constitute domestic violence assault, battery, psychological abuse, etc… are almost certainly categorized as “intentional,” so you can likely sue in these states as well. What Kind of Behavior can be Considered Domestic Violence?There is no all-encapsulating definition of what constitutes domestic violence; every state defines it differently. But any of the following behavior: Why Should I Sue my Abuser?Besides the obvious possible financial benefits, suing your abuser in tort can provide a sense of emotional relief and control. If you’ve missed work because of your abuse, you can receive lost wages and medical expenses, as well as general damages for pain and suffering. Some states will even allow punitive damages, which are meant to punish the defendant, and can be considerable sums of money that can help you start a new life. But obtaining vindication through the court system comes at a cost. There is certainly a lot of stress involved, and already damaged family ties will be further strained. It also difficult for many victims to just recognize their own abuse; actually taking the abuser to court may be too difficult for them to contemplate. But sometimes when victims realize the position they’ve been put in and want to fight back, suing their abuser may be the best way to break ties with the past, especially if the abuser may be going to jail anyway. And while litigation is expensive, courts can often force the abuser to pay your litigation fees, and many attorneys work on contingency. If you’re considering bringing a tort action for injuries you received from a family member, keep the following points in mind: Understanding how domestic violence charges work in Utah is important if you have been charged with domestic violence. In Utah, there is not a single crime that is specified as “Domestic Violence” rather, there are many crimes that are considered a “Crime of Domestic Violence”. To be considered a crime of domestic violence the offender and the victim must have a relationship that is included in the definition of cohabitant that has been set forth in Utah law. Some of these relationships include: If you are convicted of a domestic violence offense, you should understand that you will more than likely be restricted from possessing a firearm pursuant to federal law. You will also be required to complete an assessment and 12-14 weeks of counseling through the Division of Child and Family Services. If you are accused of domestic violence you may find that the accusation is followed by a protection order for or against your spouse and children. Being accused or convicted of a domestic violence charge can be scary. How Domestic Violence Affects Child Custody in UtahThe effects of domestic violence are far-reaching and can leave visible and invisible scars for years to come. A parent’s past record of abuse, also called “domestic violence,” may significantly alter the outcome of a child custody case. In cases of chronic abuse, a parent may have limitations placed upon his or her visitation rights, or in the most extreme situations, the abusive parent may lose his or her parental rights entirely. Protective OrdersIn situations where domestic violence is ongoing or there is a fear of future abuse, a protective order may be appropriate. Utah’s court website provides protective order forms and basic information about obtaining a protective order. In order to obtain a protective order, you must show that you have been harmed or threatened by one of the following categories of individuals: Supervised VisitationSupervised visitation may be required in cases of chronic or recent domestic violence; it requires the presence of another adult at visitation sessions between the child and abusive parent. Although restrictive, a supervised visitation order does not mean that the abusive parent will only ever receive supervised visits with their child. Nevertheless, before the supervised visit requirement can be lifted, the abusive parent must prove to the court that the child would be safe in his or her care and there is no likelihood of ongoing abuse. Termination of parental rightsWhen a judge decides to terminate a parent’s custodial rights, including all rights to visit with or otherwise parent his or her child, the decision is permanent and cannot be undone by a parent’s subsequent good behavior. A judge will only terminate parental rights in the most extreme circumstances. Some reasons a Utah court would terminate parental rights include sexual abuse of any child, causing a disabling injury of or disfigurement of the child, murder or attempted murder of any child, and intentionally or recklessly causing the death of the child’s other parent. Ways to Help a Victim of Domestic Violence• Make Time for Them: If you decide to reach out to an abuse victim, do so during a time of calm. Getting involved when tempers are flaring can put you in danger. Also, make sure to set aside plenty of time in case the victim decides to open up. If the person decides to disclose years of pent-up fear and frustration, you will not want to end the conversation because you have another commitment. Reasons Why Victims StayIt can be hard to understand why someone you care about would seemingly choose to stay in an abusive or unhealthy relationship. Here are a few reasons why it’s not easy to part ways. Domestic Violence LawyerWhen you need legal help from a Domestic Violence Lawyer, call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
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