Domestic violence is any crime involving physical injury or violence committed against a cohabitant, including an attack, a threat of physical harm or violence, or an attempt to conduct a crime involving physical harm or violence. People who live together as boyfriends/girlfriends, spouses, or the parents of a child are referred to as cohabitants. When we refer to domestic violence, we refer to a crime involving a cohabitant. A Salt Lake City domestic violence lawyer can help you with your legal issues.
How Serious Are Allegations of Domestic Violence in Utah?
In Utah, there is a roughly 95% likelihood that one individual will go to jail after the police respond to a domestic violence incident. It is practically a given that someone will go to jail if they have to interfere with your familial connections, regardless of the circumstances. It is not a formal regulation; it only feels that way. As with other charges like DUI or theft, this individual does not automatically receive bail or a bond when placed in jail. They frequently have to wait there until a judge can see them. They are not allowed to get in touch with the accused person, and they will not be able to call them on jail phones either.
Are Protection Orders Issued in Domestic Violence Cases Automatically?
If charges are brought, the prosecutor must speak with the potential victim or victims to determine if they consent to the criminal court issuing an order of protection. The prosecutor has a duty to get in touch with the victim and find out what they want before issuing an order of protection. As long as the criminal court has jurisdiction over the matter, the injunction might remain in place if they desire it.
How Are Domestic Violence Charges Classified As A Felony Or Misdemeanour?
Several factors might determine whether a charge is a felony or a misdemeanor. Felony charges may be brought for aggravated assault, the use of a weapon, extremely serious injury, and criminal mischief that causes the damage of more than $2,500. Past domestic violence convictions are another aspect that is taken into account.
Bringing a Domestic Violence Case
While it used to be illegal to sue your husband because of spousal privilege, most states now permit it, whether you are still married or not. You can probably sue since all of the standard domestic violence actions—assault, battery, psychological abuse, etc.—are very surely classified as “deliberate.”