Tag: Domestic Violence

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.

Domestic Violence in Utah

Domestic Violence in Utah

In Utah, a person commits domestic violence by committing (or attempting to commit) any crime involving violence, physical harm, or the threat of violence or physical harm against a cohabitant.

Cohabitants include spouses; former spouses; people in relationships that resemble marriage; people who live together or have lived together; people who are related by blood or marriage; and people who have children together.

Cohabitants must be over the age of 16 or emancipated minors. Siblings under the age of 18 and parents and their children are not cohabitants of one another.

Utah Code §§ 77-36-1

Any violent crime, such as harassment, stalking, violating a restraining order, or assault, is domestic violence if committed by one cohabitant against another.

People who are convicted of crimes of domestic violence in Utah more than once are subject to increased punishment for subsequent offenses.

(Utah Code § 77-36-1.1.)

Arrests for Domestic Violence

Under Utah’s laws, if a police officer has probable cause to believe (a reasonable belief) that domestic violence has occurred, the officer must make an arrest without a warrant or issue a citation (ticket).

This is an exception to the usual rule that an officer can make a warrantless arrest only under certain conditions–when a misdemeanor has been committed in his presence, or he has reason to believe a felony has occurred and the arrest is outside the home.

If the officer has probable cause to believe the victim will continue to be in danger or that the defendant has recently caused serious injury or used a dangerous weapon, the officer must make an arrest and take the defendant into custody.

People who are arrested for domestic violence may not personally contact the victim before being released and may not be released from jail before the next court day unless they are ordered as a condition of their release not to:

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

Contacting the victim before being released or in violation of a court’s order is a crime.

People who are arrested for domestic violence may also be subject to electronic monitoring.

(Utah Code §§ 77-36-2.2, 77-36-2.5.)