Category: Domestic Violence

Legal Matters and Utah Domestic Violence Law A police officer in Utah has the right to make an arrest in a domestic violence situation, as long as there is probable cause that a violent act has already taken place, or if there is a strong possibility that one will occur. The police officer then has to make an arrest against the aggressor, or the future defendant in situations like this. In Utah, once a person is convicted of a domestic violence crime, any other subsequent domestic crimes may lead to an increase in possible punishment. Once an arrest is made,…

Are you being harassed by a former spouse, co-worker, or someone that once played a role in your life? No matter what the circumstances are, a restraining order is the first line of defense in protecting you against physical, mental, sexual and emotional abuse. Understanding Utah Restraining Orders If you are feeling threatened by another person, but they have not physically done something to you law enforcement cannot do anything to protect you. The protective order is the tool to provide that protection. Restraining orders are often referred to as protective orders. When the order has been filed, the other party must stop harming…

Several states have different laws pertaining to domestic violence. In a number of states, people are entitled to refuse testimony against their spouse in a court proceeding. Utah Code § 76-5-109.1 deems it is a crime for anyone to commit domestic violence in the presence of a child. Individuals arrested for domestic violence of any kind should contact an attorney immediately to discuss action. The individual whom the crime was committed against can legally refuse to testify, this right is called “spousal testimonial privilege.” The privilege is meant to promote peace and harmony within a marriage, removing a damaging testimony against…

The terms “protective order” and “restraining order” are often used synonymously, though these two legal orders have very different language, protections, and processes. A protective order is more defined, with the primary design being to protect an individual or individuals from perceived, threatened, or actual violence. As the name suggests, a protective order is designed to give you and your loved ones peace of mind that you are safe and your rights are protected. How to Obtain a Protective Order The process for obtaining a protective order follows state guidelines and is monitored and managed by applicable courts. There are several…