Utah Family Law on Domestic Violence

There’s a lot to know about domestic violence crimes in the state of Utah. We have answers to common questions about how family law deals with domestic abuse in Utah. For a more traditional approach, check out FindLaw’s Utah Domestic Violence Laws article.

Is domestic abuse when someone physically abuses their spouse?

It can be, but domestic violence is not limited to physical violence. There are many different types of abuse considered to be domestic violence. These include isolation, coercion, sexual assault, and emotional abuse. Domestic violence is about the abuser gaining and maintaining power and control over a victim.

For lawmakers in Salt Lake City, the acts themselves are not enough to qualify as domestic violence. A certain type of relationship has to exist between the abuser and the victim.

Who can be part of a domestic violence crime in Utah?

While most states define those eligible to be part of a domestic violence crime as family members and household members, Utah has a different term for them. Cohabitants are Utah residents considered possible to be involved in a domestic violence offense. In addition to being over the age of 16, each cohabitant must fall under one of the following categories:

• Spouses and former spouses
• In a serious romantic relationship with each other
• Related by marriage (affinity to the second degree – for example, brother of a spouse)
• Related by blood (consanguinity)
• Have at least one child together
• Pregnant by the abuser
• Reside together or resided together in the past
• Are consensual sexual partners or were consensual sexual partners in the past

Cohabitants don’t include parents and their minor children, or siblings who are less than 18 years old. A crime committed between people who are ruled not to be cohabitants is still a crime.

What does Utah consider to be domestic violence?

In Utah, domestic violence occurs when a cohabitant commits a specific type of crime against another cohabitant. These offenses are abusive in nature and fall under these classifications:

• Sexual offenses
• Assault and aggravated assault
• Criminal homicide
• Domestic violence in the presence of a child (considered 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.)
• Animal cruelty
• Retaliation against a victim or witness
• Disorderly conduct (as a plea agreement for a different charge)
• Stalking
• Threatening to use or using a dangerous weapon
• Threatening violence
• Unlawful detention
• Discharge of a firearm under certain conditions
• Unlawful distribution of an intimate image (revenge porn) or a counterfeit intimate image
• Voyeurism
• Witness tampering
• Violating a protective order

Note that the threat of violence is enough to be considered a domestic violence offense. The abuser doesn’t have to follow through with the violence to be charged with domestic abuse.

What happens when someone commits an act of domestic violence in Utah?

In a perfect world, a domestic abuser would be stopped before any abuse was inflicted, and a solution would be worked out that offered a positive ending for all involved. As we don’t live in a perfect world, the reality is much messier when cohabitants harm one another.

Domestic violence often manifests as a vicious cycle of threats, intimidation, and abuse. Utah tries to break this pattern with laws designed to keep the victim and abuser apart. The abuser may face incarceration for the crimes they’ve committed, but there are also protections centered on domestic violence that can be utilized for the victim’s safety.

Abusers convicted of crimes considered to be domestic violence may be required to take domestic abuse education or rehabilitation programs. They are not eligible for diversion programs to avoid penalties.

What sort of protections does Utah offer victims of domestic violence?

If you’re in immediate danger of abuse, call 911. Utah police follow certain protocols for responding to disturbances that may involve domestic violence.

They have the authority to arrest or cite anyone they believe committed an act of domestic violence, and they can take someone they believe to be a threat into custody. History and severity of injuries are used to determine the predominant aggressor if dueling claims are made.

The primary defense for victims of domestic violence is Utah‘s domestic violence protective orders. Victims file a packet of forms in their district court before they’re reviewed by a judge, often on the same day. If approved, the temporary ex parte protective order goes into immediate effect. Law enforcement will serve the abuser and notify them of the conditions of the order.

A temporary ex parte protective order is good for 21 days or until a hearing between the victim and the abuser. The order is extended if there’s a delay in serving the abuser, up to 180 days. If the abuser doesn’t object to the order, they don’t have to attend the hearing.

At the hearing, the victim and the abuser (if present) tell their version of what’s happened between them. Both sides can present evidence and call witnesses. If the judge agrees that there’s a threat, a final protective order will be drafted and issued. The final protective order can have the same conditions as a temporary order, as well as others.

Protective orders are tailored to each case and offer specific protections. The conditions imposed on the abuser can include banning all contact with the victim, removing themselves from a shared residence, surrendering firearms, granting temporary custody of children, and anything else the court deems necessary to ensure the safety of the victim.

A final protective order lasts for three years, but not all its provisions do. There are two types of provisions in protective orders: criminal and civil.

Criminal provisions last for three years, and violations are crimes subject to prosecution. Civil provisions expire 150 days after the order is issued unless extended. Violations of civil provisions are pursued through the Utah court system.

More information about Utah‘s protective orders can be found in FindLaw’s Utah Protective Orders Laws article.

My ex keeps violating the protective order. Is there anything I can do to make them stop?

If your abuser violates your protective order, call law enforcement. In fact, if they threaten to violate your protective order, call law enforcement. Utah is serious about enforcing all restraining orders, and the penalties for violation are severe.

Any violation of a criminal provision in a domestic violence protective order is a class A misdemeanor. Violations of civil provisions constitute contempt of court.

The offense committed by the abuser raises a level of severity if the violation occurs within 10 years of the conviction. For example, a crime with a penalty of a class C misdemeanor becomes a class B misdemeanor. This enhancement increases if a dangerous weapon is involved.

I’ve filed for divorce from my abuser and want primary custody of our children. Will the domestic abuse charges have any effect on the decision?

When deciding custody and parental rights, the court focuses on the best interests of the child. The rebuttable presumption is that having both parents involved offers the most for the child, but courts take domestic violence offenses into consideration when determining custody and parenting time. An abuser can find their parenting time reduced, subject to supervision, or banned in extreme instances.

Utah permits both fault and no-fault divorces. It’s not necessary to prove fault, but cruel treatment causing bodily injury or great mental distress is considered grounds for divorce. Having a protective order in place during a divorce will likely weigh into the outcome.

The protective order made my abuser give up their key to our apartment, but I’m sure they have another copy. How do I stop them from having access?

Under Utah law, a landlord is required to change the locks if asked by a victim of domestic violence. They can ask to see court documents. The victim must pay the cost of the lock change. The landlord is forbidden to give a copy of the new key to the abuser, even if the abuser’s name is on the lease.

My abuser is dangerous, and I’m not waiting around for something worse to happen. Is there anything I can do about my lease?

Victims of domestic abuse crimes can break a rental agreement without penalty. Landlords can request to see the police report and other court papers for confirmation. Once the landlord has been alerted, the victim has 15 days to vacate the premises. They are responsible for the rent during that period and any other back rent owed.

I’ve moved to a new location in a different part of the state and don’t want my abuser to find me. Does my protection order stay in effect?

Your protection order is good anywhere in Utah. Thanks to the Violence Against Women Act (VAWA), it stays in effect in all American states and territories. Carry a copy of your order with you when you travel. When you move, it’s a good idea to notify your local law enforcement agency.

Utah‘s Safe at Home Program keeps new residential addresses of victims out of the public record by providing them with a second legal address. Mail is forwarded, and state documents, such as driver’s licenses and voting registrations, use the fictitious address. Safe at Home lasts for four years, is renewable, and can be canceled at any time.

Utah Family Law on Domestic Violence: Additional Resources

• National Domestic Violence Hotline (800.799.7233)
• The Refuge – Utah Domestic Violence Services
• Utah Domestic Violence Coalition
• Domestic Violence FAQ
• Domestic Violence Orders of Protection

Dealing With Domestic Violence in Utah? An Attorney Can Help

Domestic violence is something we all hope to never encounter, but it’s important to know your options if it happens. If you’re unsure of your rights or need help, consider reaching out to a Utah family law attorney. They can make sure the Utah courts are working for you and your safety.

If you’re facing a potential domestic violence conviction for sexual battery, stalking injunctions, or any other type of domestic abuse charge, having a Utah criminal defense attorney on your side can make a huge difference. A domestic violence lawyer can review your case, give you legal advice on your options, and represent you in court proceedings.