Utah Domestic Violence Laws

Domestic violence can take many forms of abuse – not only physical harm but also emotional, psychological, sexual, and financial abuse. The state of Utah has laws designed to help victims of domestic abuse and punish their abusers.

In this article, we’ll examine the protections and punishments under Utah law, the elements of domestic violence crimes, and how to navigate the legal system. For a deep dive focused on protections and restraining orders, take a look at FindLaw’s Utah Protective Orders Laws article.

Utah Domestic Violence Laws: The Basics

No matter what the crime is, there can’t be a charge involving domestic violence between two strangers. Along the same line of thought, Utah won’t consider a transgression between people considered cohabitants as domestic violence if it’s not one of the specific offenses identified by the state.

Domestic violence laws are complex. Let’s start by learning about the two qualifying elements in a domestic violence case: cohabitants and crimes of abuse.

Domestic Violence Laws in Utah: Cohabitants

Crimes of violence and abuse are horrible, but when those involved are family members or trusted household members, they can be even more damaging. For an offense to be considered domestic violence in Utah, it requires that the people affected fall under one of the following categories:

• Spouses
• Former spouses
• In a serious romantic relationship with the alleged victim/abuser
• Was in a serious romantic relationship with the alleged abuser/victim
• In a sexual relationship with the alleged victim/abuser
• Was in a sexual relationship with the alleged abuser/victim
• Related by marriage (affinity to the second degree, such as a spouse’s mother)
• Related by blood (consanguinity)
• Have or have had at least one child with the alleged victim/abuser
• Is pregnant by the abuser
• Reside with the alleged victim/abuser
• Have resided with the alleged abuser/victim

Utah doesn’t consider the relationship of a natural parent, adoptive parent, or step-parent to a minor as that of cohabitants. The same is true for relationships among natural, adoptive, step, or foster siblings under 18.

A criminal offense between people who are determined not to be cohabitants is still a crime. It can be prosecuted, albeit without the domestic violence classification.

Domestic Violence Laws in Utah: Eligible Offenses

Along with cohabitants as participants, domestic violence charges in Utah require specific crimes to be committed. At its core, domestic violence is based on gaining and maintaining power and control. While violence, physical harm, or the threat of violence or physical harm are types of abuse often associated with domestic violence, many other types of abuse can occur as well.

This range of abusive behavior is reflected in the types of qualifying domestic violence criminal offenses in Utah. These categories include:

• Animal cruelty
• Assault and aggravated assault
• Criminal homicide
• Discharge of a firearm under certain conditions
• Disorderly conduct (as a plea agreement for a different charge)
• Domestic violence in the presence of a child (considered as child abuse in Utah)
• Electronic communication harassment, destruction, damage, or interruption
• Harassment
• Kidnapping, child kidnapping, or aggravated kidnapping
• Mayhem
• Possession of a deadly weapon with criminal intent
• Property offenses (criminal trespass, burglary, robbery, etc.)
• Protective order violation
• Retaliation against a victim or witness
• Sexual offenses
• Stalking
• Threatening to use or using a dangerous weapon
• Threatening violence
• Unlawful detention
• Unlawful distribution of an intimate image (revenge porn) or a counterfeit intimate image
• Witness tampering
• Voyeurism

Crimes within these categories based on abuse are eligible to be domestic violence if committed between cohabitants. For example, rape falls under sexual assault.

Offenders convicted of a crime classified as domestic violence are not eligible for any diversion programs. They can be required by the court to take domestic violence education and rehabilitation programs.

Utah Domestic Violence Laws: Protections

It’s unfortunate, but in many cases, the protections for domestic violence are accessed after the abuse begins. One of the strongest weapons to battle domestic violence in Utah is known as a protective order. While the state of Utah has many different types of protective orders available, two are in place solely for domestic abuse victims.

Temporary Ex Parte Protective Orders

Victims can file for a temporary ex parte protective order after they’ve suffered domestic violence or if they fear domestic violence is going to occur. After the victim (petitioner) has filled out forms at their district court, a judge will rule on the order. This often happens on the same day.

If approved, the order will be served on the abuser (respondent). The temporary order is in effect until the hearing, scheduled within 21 days of service of the papers. If the respondent can’t be located, the order will be extended up to 180 days.

The court can put a number of provisions and requirements in a temporary ex parte protective order. These will be specific to the conditions of the case and can instruct the respondent to:

• Stop committing domestic violence or abuse
• Stop threatening to commit domestic violence and abuse
• Cease all contact with the victim unless about child visitation issues
• Leave your shared residence and not return
• Avoid your home, school, vehicle, work, place of worship, or any other specific place unless unavoidable – the judge will set out conditions if necessary
• Surrender all owned or possessed weapons if the judge considers it a threat to the victim
• Allow the victim to retrieve personal items while accompanied by law enforcement
• Not to interfere with the victim’s utilities, phone service, or other services
• Not injure, threaten to injure, or take any household domestic animals
• Refrain from the use of alcohol or illegal drugs before or during any permitted visitations
• Not take children out of Utah

These are considered criminal provisions. The following are civil provisions that are also available for inclusion in a Utah temporary ex parte protection order:

• Granting the victim temporary custody of any minor children shared with the respondent
• Ordering an attorney to be a guardian ad litem for any minor children
• Ordering the petitioner and the respondent to provide financial documents at the final protective order hearing for requested child support or spousal support
• Order the respondent to maintain an existing wireless telephone contract or account
• Anything else the judge decides is necessary for the victim’s safety

The difference between civil provisions and criminal provisions is addressed by the final protective order.

Final Protective Orders

Final protective orders are ruled on after a hearing between the petitioner and the respondent. Both sides offer their arguments to the court, present evidence, and call witnesses. At this time, the court can determine the amounts of child and spousal support, if applicable.

If granted, a final protective order can contain any condition that a temporary ex parte protective order can. Final protective orders can order, as a criminal provision, a wireless company to separate the victim’s account from the abuser’s. Arrangements to allow or deny parenting time can be included as a civil provision.

Criminal provisions last for three years and can be extended if the petition proves to the court that the threat of domestic abuse still exists. Civil provisions expire after 150 days. They can be extended for up to a maximum of three years.

Other Protections

Utah has other protections in place for domestic violence victims beyond orders. The Safe at Home Program provides victims with a second legal mailing address. This keeps their residence off public records such as driver’s licenses and voting registrations. Mail is forwarded from the fictitious address.

The Violence Against Women Act (VAWA) offers protections under federal law. Utah protective orders are honored anywhere in the United States under VAWA, which also provides security for victims in federal housing.

Victims who are renting have coverage under Utah law, which allows them to demand that the landlord replace the locks (the victim pays for installation) or break a rental agreement without penalty. The landlord can request to see the legal documents, which must include a protective order with criminal provisions (or a final protective order). Tenants are responsible for the rent while still in the dwelling.

Utah Domestic Violence Laws: Violations and Penalties

Violations of Utah protective orders are a serious matter. A violation of a criminal provision is a class A misdemeanor, which is up to a year in jail and a fine of up to $2,500. Civil violations are handled through a Motion to Enforce Order in the Utah courts.

Subsequent violations of criminal provisions within 10 years of a domestic violence conviction enhance the charge by one level. For example, a class B misdemeanor offense is charged as a class A misdemeanor. If the offender commits multiple offenses at the same time, the charge can be elevated by two levels. In the example given, it would be considered a third-degree felony instead.

Utah Domestic Violence Laws: Additional Resources

• National Domestic Violence Hotline (800.799.7233)
• Utah Domestic Violence Center
• Domestic Violence FAQ
• The Refuge – Utah Domestic Violence Services
• Getting Help With Domestic Violence

Domestic Violence Issues in Utah? Speak With an Attorney

Victims of domestic violence often face horrific abuse and are stuck in a living nightmare. Finding help should be a priority. In addition to Utah state programs and volunteer help organizations, consider speaking with a Utah family law attorney. They can aid your quest to escape.

If you’re facing criminal charges for domestic violence crimes, your entire future is at stake. Contacting a Utah criminal defense lawyer is a good idea. A skilled criminal defense attorney can review your case, offer legal advice for your options, and represent you in court.