Category: Protecting

Utah Domestic Violence Coalition advocates for two proposed bills

Fox 13 News Reports:

Source: Fox13 News SALT LAKE CITY — Survivors of domestic violence are sharing their stories and hoping Utah lawmakers will pass two bills to advocate for victims.

Sarah Larsen, a domestic abuse survivor, said it’s an issue that often doesn’t get the attention it deserves.

“I feel like there’s such a stigma, there’s so much shame that’s attached to it, it’s hidden and at times out here in Utah too it sometimes gets shoved under the rug a little bit,” she said. “People don’t want to see it’s going on in their community.”

Advocates and survivors are hoping to raise awareness on what the Utah Domestic Violence Coalition is calling an epidemic.

“Since the year 2000, at least 42 percent of all homicides in Utah have been domestic violence related, so we’re really here just to get awareness out,” said Cly’ta Berg, Chair of the Utah Domestic Violence Coalition.

Larsen said victims of domestic abuse often conceal the signs.

“There’s such a fear that goes along with this, and so you’re able to cover it, and you hide it from your family members and from people who are close to you,” she said. “You just know how to hide it from them.”

Survivors are pushing for lawmakers to pass two bills.

One is a bill sponsored by House Minority Leader Brian King, D-Salt Lake City. His bill would restrict access to firearms for anyone convicted of domestic violence.

The second is a bill from Rep. Lowry Snow, R-St. George, that would make it so strangulation is included in the definition for the crime of aggravated assault. Utah is one of nine states without a strangulation law in effect.

“A police officer cannot physically hold the person, but if you are in a domestic partnership, they can strangle you,” Berg said. “So it’s against the law for a police officer, but a civilian you can.”

The Utah Domestic Violence Coalition is also asking for $939,000 from the state to expand the Lethality Assessment Program.

The program is protocol based. Victims answer a series of questions to show the severity of violence they are facing. It also gives officers standard training on how to refer victims to help.

“I think for those people who have loved ones who are in this situation: Don’t be so quick to judge,” Larsen advised. “I’ve had people say, ‘Just leave. Get out.’ But it’s not that easy.”

Support is available 24/7 in Utah for those dealing with domestic violence. Visit the Utah Domestic Violence Coalition online or call 1-800-897-5465 for resources and assistance. In an emergency, dial 911.

 

Source: Fox13 News

 

If you have been accused of protective order violation in Utah, you should strongly consider speaking with criminal attorneys Ogden  about criminal law Ogden. Further, Ogden Criminal defense is an experienced Criminal Defense Attorneys in Provo Utah can assist you in understanding all of your alternatives. The best criminal defense attorneys in Ogden or best criminal defense attorney in Lehi can help with your case. The best criminal defense attorney in Lehi or Ogden criminal defense attorney Stevens can help if you are faced with a Protective order violation. Ogden Criminal Defense is here to help. Ogden Criminal Lawyer, Vince Stevens can help. HD Gailey lawyers in American Fork are the best criminal defense attorneys Ogden.

Domestic Violence On The Rise

Domestic Violence is on the rise in Utah. If you have been charged with this crime or are a victim and seeking assistance for a protective order it is important to understand how common these charges have become. Below is a link to ABC 4 video report on the awareness and domestic violence trends.
According to ABC 4 News-
SALT LAKE CITY, Utah (ABC 4 UTAH) – All month, the nation celebrates Domestic Violence Awareness month, but here locally, that celebration is short-lived.  Over the last ten years, 30% of homicides nationwide are because of domestic violence.  Utah is much higher at 42%.
“The last time he almost killed me in front of my daughter,” said Deanna Walker from Private Violence.
Domestic violence does happen, usually to women and kids.  A Sundance film called “Private Violence” sparked national conversation.  In Utah, domestic violence happens more often compared to the national average.
 
“We have really high rates of domestic violence, really high rates of sexual assault, and exceptionally high rates of domestic violence homicide,” said Utah Domestic Violence Coalition Executive Director Jenn Oxborrow.
 
Last year, 20 Utah homicides connected to domestic violence.  So far this year, 30 domestic violence deaths.  We still have three more months to go.  
 
“I think there’s a lot of pressure on families to keep this private, work with their faith leaders, work with community partners to resolve it,” said Utah Domestic Violence Coalition Executive Director Jenn Oxborrow.
 
But Oxborrow says obviously that isn’t working.  She says getting police agencies and first responders asking the same eleven questions trained victim advocates ask possible domestic violence victims, is working.  Their answers can prompt police to connect them with services.
“Implementing this protocol, that in 30 other jurisdictions across the country, within five years, they’ve seen a downtrend in domestic violence homicides,” said Oxborrow.
As more agencies get the training necessary, Oxborrow hopes more victims can get help.  They’ll break through the cultural acceptance of a private, family problem to a serious life-threatening criminal offense.
Changing that stigma on the court-level is the premise of “Private Violence.”
That’s why Oxborrow and other advocates ask the governor and the legislature to change laws, implement harsher penalties, and provide funding for services.
 
You can watch a screening of “Private Violence” Monday night at the West Valley City Police Department.
For a complete list of all the screening opportunities across the state, click here.
Source: ABC 4 News
If you have been accused of protective order violation in Utah, you should strongly consider speaking with criminal attorneys Ogden  about criminal law Ogden. Further, Ogden Criminal defense is an experienced Criminal Defense Attorneys in Provo Utah can assist you in understanding all of your alternatives. The best criminal defense attorneys in Ogden or best criminal defense attorney in Lehi can help with your case. The best criminal defense attorney in Lehi or Ogden criminal defense attorney Stevens can help if you are faced with a Protective order violation. Ogden Criminal Defense is here to help. Ogden Criminal Lawyer, Vince Stevens can help. HD Gailey lawyers in American Fork are the best criminal defense attorneys Ogden.

Protective Orders Explained

Many people misunderstand that not all orders to stay away are the same. There are several different types of orders that require different penalties and conditions. There are No Contact Orders, Protective Order, Criminal No Contact Orders, Civil Stalking Injunctions and Restraining Orders.

Protective Orders

A Protective Order

Order is a court order that has specific requirements for behavior and is generally ordered in cohabitant situations. It in essence “protects” one of the people who feels like the other may harm them. The order specifically places conditions for no contact and to stay away from the other person. There are different kinds of protective orders.

Protective orders can be filed and enforceable as soon as the Request is served upon the other person. Upon service a court date is set for 14 days later and at that time a Permanent order may be entered. While waiting for the hearing you cannot directly or indirectly contact the victim. A Petition for Protective Order is a request that is filed during or after criminal case has concluded or outside of a criminal intervention. Meaning you do not have to file charges against the accused to be granted the order.  This may be part of a divorce proceeding or if the victim opts not to pursue criminal charges but needs the protection of an order from a cohabitant. Once granted it is entered into the state database and will appear as a flagged name or address on all databases for gun registries, background checks and when the police are called to an address or if you are pulled over.

Common Terms for these order may include child custody or supervised visitation arrangements as well as:

  • prohibiting the respondent from committing domestic violence or abuse
  • prohibiting the respondent from contacting the petitioner
  • excluding the respondent from petitioner’s residence, school, or workplace, or any other place
  • prohibiting the respondent from possessing a weapon
  • permitting the petitioner to use a vehicle or other personal property
  • granting the petitioner temporary custody of any children
  • appointing a guardian ad litem to represent the interests of any children, and
  • granting any other relief necessary for the safety and welfare of petitioner or another person.

Violating these laws will result in criminal charges.

(Utah Code §§ 78B-7-102, 78B-7-103, 78B-7-106, 78B-7-107.)

 

No Contact Order/Criminal No Contact/ Pretrial No Contact Order

No Contact Orders are granted when a person is arrested for assault, rape or domestic violence cases and are active while a criminal case is pending.  This usually is ordered if you are arrested and may remain effective through the entire time a criminal case is being prosecuted, during trial and through sentencing. At sentencing the order may be changed to a long term Protective order (cohabitant) or Criminal No Contact Order (non-cohabitant).  It could also be changed to a Civil Stalking Injunction as well depending on circumstance and protection requested by the victim. Once granted it is entered into the state database and will appear as a flagged name or address on all databases for gun registries, background checks and when the police are called to an address or if you are pulled over.

Whenever a defendant is charged with domestic violence, the court may issue a pre-trial protective order:

  • prohibiting the defendant from committing or threatening acts of domestic violence
  • prohibiting the defendant from contacting or communicating with the victim
  • excluding the respondent from petitioner’s residence, school, or workplace, or any other place, and
  • granting any other relief necessary for the safety and welfare of petitioner or another person.

The order remains in effect until the defendant’s trial. It is a crime to violate a pre-trial protective order.

(Utah Code § 77-36-2.7.)

 

Civil Stalking Injunction

A Civil Stalking Injunction is a Long Term Criminally Punishable order.  This is used in cases where there is not a cohabitation clause. Much like the Protective Order this is an option if there is no current criminal case. It is also an option if the victim and the alleged abuser are not cohabitants.  This is similar to a protective order as far as penalties and processes go as well. However, it is held to a high standard because there should be no reason for contact between the victim and alleged abuser because they do not share anything in common such as children or assets. In some cases this is used for business relationships that have gone downhill. This is usually used in cases where there was no relationship between two parties. A Civil Stalking Injunction can be used for roommates, neighbors, co-workers, stalking cases, harassment cases and other circumstances. Further, it does not require a criminal case just like a protective order. It requires 3 eminent danger or documented threats/medical reports or police reports as well.  This injunction is criminally punishable and enforceable through the police department. If violated, you can be arrested immediately. Once granted, it is entered into the state database and will appear as a flagged name or address on all databases for gun registries, background checks and when the police are called to an address or if you are pulled over.

Civil Restraining Order

Civil Restraining Orders are a long term order that is usually contained within an already existing order like a divorce or civil suit.  These do not carry any criminal penalties. A civil restraining order is often written into civil settlement agreements. To enforce a restraining order the petitioner would have to have a civil hearing to determine sanctions. Oftentimes, this is an order that is used for a “good will” or mutual order to agree not to bother someone else. It carries no immediate penalties and cannot be criminally punishable. Further, it cannot be enforced by police so it is often a frustration to many who misunderstand the order and mistake it for a protective order. However, courts will order a restraining order when the harm is not eminent but only in a civil case that already exists or was brought as part of another civil action. Sometimes it is a condition of probation in criminal cases but does not carry any penalties on its own. This is usually to alleviate the victim by provide some standard of behavior between the parties that is acceptable. It is not enforceable by the police and is only punishable through sanctions unless it is a condition of probation or parole but only until the sentence has commenced. This may be changed to a stronger order like a civil stalking injunction or protective order if it is violated multiple times and there is probable cause that criminal behavior has occurred during the violation that results in physical harm or breaks a law in regard to contact between two parties. For instance, a woman may have a restraining order issued in her divorce that bars her from contacting her ex-husbands new wife and harassing her with multiple calls daily. If her calls reach the level of communications harassment, she makes a threat of physical harm or behaviors constitute stalking the police may charge her with any of those crimes and a criminal no contact order may be issued during the case. However, it will not be considered a violation of the restraining order unless the victims husband requests a sanction hearing or order to show cause in the divorce case for violating the order. Further, restraining orders are not kept on the police data system to alert the police to specific people or addresses as believed to be dangerous or in need of protection and therefore are not placed on a higher status for response in emergency phone calls to 911 like the civil stalking injunction or the protective order.  This order limits the ability for police to respond unless the victim has a copy of the paperwork on hand and even at that unless a criminally applicable law has been broken or there is eminent danger they may not intervene and will refer you to the civil courts to handle the violation through the divorce or the restraining order case directly.

Sentencing

If you are convicted of violating an order or you contact a victim before being released after arrest you could be charged with another crime of a third degree felony or a class A or B misdemeanor and anywhere from six months to 5 years in prison as well as a $0-$5000 fine. Subsequent violations could earn enhancements on the following scale:

  • a class B misdemeanor, then it is punishable as a class A misdemeanor by up to one year in jail and a fine of up to $2,500, or
  • a class A misdemeanor, then it is punishable as a third degree felony, punishable by a prison term of up to five years and a fine of up to $5,000.

(Utah Code §§ 76-3-203, 76-3-204, 76-3-301, 76-5-108, 77-36-1.1, 77-36-2.5, 77-36-2.7, 78B-7-106.)

 

If you have been accused of protective order violation in Utah, you should strongly consider speaking with criminal attorneys Ogden  about criminal law Ogden. Further, Ogden Criminal defense is an experienced Criminal Defense Attorneys in Provo Utah can assist you in understanding all of your alternatives. The best criminal defense attorneys in Ogden or best criminal defense attorney in Lehi can help with your case. The best criminal defense attorney in Lehi or Ogden criminal defense attorney Stevens can help if you are faced with a Protective order violation. Ogden Criminal Defense is here to help. Ogden Criminal Lawyer, Vince Stevens can help. HD Gailey lawyers in American Fork are the best criminal defense attorneys Ogden.

 

Domestic Violence /Domestic Violence In The Presence Of A Child

 

Utah has a specific set of codes for cohabitant violence. A person who commits domestic violence or domestic violence in the presence of a child whether by committing actual physical harm or by threatening violence of physical harm against a current or previous cohabitant may be charged with the crime. Contact our Ogden Criminal Defense Lawyer today. We have the Best Lawyers Criminal Defense  Salt Lake City.

When looking at the Utah code, cohabitants means any spouse or former spouse you have or have had. Relationship partners that could appear as a married couple, living partners, relatives, relatives through marriage and/or people who have children together are all qualified for this criminal charge. To be criminally charged for a cohabitant crime, the perpetrator must be over 16 or be emancipated. Siblings who are minors and parent/child relationships are not considered cohabitants.

(Utah Code §§ 77-36-1, 78B-7-102.)

This code includes any crime violent in nature and may include violating a restraining order, harassment, stalking, assault and is domestic violence if it occurs between cohabitants. Ogden Criminal Lawyer, Vince Stevens can help. HD Gailey lawyers in American Fork are the best criminal defense attorneys Ogden

Conviction of crimes of a domestic nature carry a enhancement penalty for any subsequent occurrences.

 (Utah Code §§ 77-36-1, 77-36-1.1.)

What Happens When You Are Arrested?

In Utah, a police officer has the authority under the law to use probable cause. That means the office must believe or have a reasonable belief that violence has occurred between the two cohabitants and constitutes domestic violence. The officer is bound to make an arrest even without a warrant or may issue a ticket or citation. The best criminal defense attorney in Lehi or Ogden criminal defense attorney Stevens can give you an estimate of what may happen in your case. Ogden Criminal Defense is on your side.

This exception to a standard rule in Utah allows an officer to make an arrest without a warrant when conditions exist where a crime has been made in the officer’s presence or where a felony is believed to have occurred outside of the home. The officer in the case will usually believe that the victim is not safe and may be in danger due to the injury and especially when a weapon is used. If these special conditions exist, the officer must make an arrest and take the individual into custody. The best criminal defense attorneys in Ogden or best criminal defense attorney in Lehi can help with your case.

When arrested, certain conditions may be put in place until the judge in the case orders otherwise. Usually it will be a term of the arrest that you may not contact the person directly or indirectly while being held or if they are released it is standard that you cannot:

  • personally contact the victim
  • harass the victim, or
  • go to the victim’s residence.

If you fail to follow the terms you may be found in violation and may be subjected to monitoring by electronic means.

(Utah Code §§ 77-36-2.2, 77-36-2.5.)

If you have been accused of shoplifting in Utah, you should strongly consider speaking with criminal attorneys Ogden  about criminal law OgdenOgden Criminal defense is An experienced Criminal Defense Attorneys in Provo Utah can assist you in understanding all of your alternatives.

How Do I Communicate With My Attorney

The first step in hiring a lawyer is explaining why you need a lawyer or an American Fork Criminal Defense Attorney or an Ogden Criminal Defense Attorney. The importance of communicating effectively and clearly is a priority.

Let us start with why communication is the most important part.

The Attorney client relationship will work better when both of you are able to talk about the facts of the case, your opinions and your motives honestly. This will form a better working relationship between the two of you. You have to trust that your lawyer understands you and is willing to tell your side of the story.

When you are sharing information it should smoothly flow both way with you and the lawyer. It is a two way street so your lawyer should fulfill your need for all of the information just as you should give your American Fork Criminal Defense Lawyer all the information they are asking for. If the Ogden Criminal Defense Lawyer needs to have information the best thing to do is to provide them with ALL of the evidence they are asking for. If your attorney doesn’t have all of the correct information and you provide incomplete facts it will affect their ability to give you good advice about your case. Incorrect facts and incomplete statement may be more damaging then to no evidence at all.

When you meet  with your lawyer make sure you understand the advice fully that they are giving you. If you are having trouble understanding or you can’t commit to the advice talk to your Ogden Divorce Attorney about. After all that is why you hired an American Fork Divorce Attorney. It is important to understand the terminology and the consequences of a decision like a settlement proposal or a plea agreement. Always ask why. A good American Fork Criminal Defense Lawyer will provide for time to really talk about your concerns until you understand fully. Remember this is your life, family and career. Ask your Ogden Criminal Defense Lawyer as many questions as you need to.

Personal History

Your criminal defense attorney Ogden or Divorce attorney american fork  might also ask you to provide a small summary which can include any marriages you have had previously and might want an accounting of your finances. When the children are discussed as part of the case more likely than not you will need to have those financial statements prepared and ready for your Ogden Divorce Attorney.  It is wise to also keep a journal of events when dealing in a civil matter including a divorce case. You will want to talk about your feelings and how you feel about your daily life. Hold nothing back.

Stay Updated and Update Your Counsel

During a stressful criminal case or even a divorce matter Your American Fork Criminal Defense lawyer or your Ogden Criminal Defense Attorney may be contacting you. Most cases will go through periods of little to no communication at different points through the case. , Make sure you let yourAmerican Fork Divorce lawyer know if anything substantial changes will want to let you know. Keep in touch with your Ogden Divorce Lawyer and let them know if your address changes or you are leaving for an extended time.

It is important to remember that your attorney will have more than once clent and that they do spend considerable time in court. Its unreasonable to expect that they will alway be there when you call and available to discuss your case. Sometimes an email is a better form of communication and it can be addressed when the attorney has time to dedicate to your case. The staff should respond and let you know that they recieved the call or email and will get back to you shortly. Always remember that a courteous client makes for a happy lawyer.

The opposite is true as well. Make sure you are returning the documents and communications in a timely manner.

Talking Finances

The attorney will ask you for all of you financial information especially in a divorce, bankruptcy or even a criminal case. Most times they will request that you to fill out information. When providing financial information remember to include all of the money coming and and going out of your home. This includes all income sources, anything you own (assets), bank statements, bills, etc.  Sometimes an attorney will want to review other documents that may take time to gather. Examples: tax returns, pay history stubs and employment history, bank ledgers for your savings and investments, employee benefit statements (cafeteria plans, Christmas savings plans), and other documents regarding the debts you currently owe. It is important to be timely and get this information for review to your lawyer so that they can properly prepare for the case.