Domestic violence charges in Utah are very serious, especially for those who already have a conviction for a domestic violence-related charge on their criminal records. Utah has enhanced offenses and penalties for those who are charged with domestic violence within five years after a conviction for a domestic violence charge.
While this may seem a bit confusing, here’s an example:
Four years ago, a man was arrested, charged and convicted of domestic violence assault in another state. This conviction is on his criminal record. He is arrested on a Class B misdemeanor charge of domestic violence When this conviction is discovered — which will be as soon as the police or the prosecution gets his criminal history — the man’s charge will be enhanced to a Class A misdemeanor.
There are mandatory sentencing guidelines for those convicted of domestic violence-related charges in Utah. One of these penalties includes:
— Successful completion of a domestic violence treatment program. This program must be licensed by the Utah Department of Human Services.
The court cannot delay proceedings or dismiss the charges of domestic violence simply because there is a civil proceeding in progress, such as a divorce. In addition, the court can’t require that the alleged victim or the defendant is seeking a divorce before the criminal proceedings begin.
The court also must not disclose the alleged victim’s location to anyone but the defendant’s attorney. If there is a possibility that there may be further violence, the court can order that attorney not to tell his client where the victim is located.
The court can also require that the defendant pay for part or all of the counseling fees for both the alleged victim and the defendant. However, restitution for treatment or services for the alleged victim that were provided by the Division of Child and Family Services is required as part of sentencing. It’s important to have a legal advocate by your side to present a strong defense when facing accusations like these.
Contact Greg S. Law at 801-261-6228 / Toll Free: 888-784-3554 or email us here.
While this website provides general information, it does not constitute legal advice. The best way to get guidance on your specific legal issue is to contact a Utah Criminal Defense Lawyer, Greg S. Law. To schedule a meeting with Greg, please call or complete the intake form below.
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