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 marriage, living partners, relatives or relatives through marriage
and or people who have children together. 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 OgdenConviction 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 victimharass 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 Ogden. Ogden Criminal defense is An experienced Criminal Defense Attorneys in Provo Utah can assist you in understanding
all of your alternatives.
Contact Us Today:
OGDEN OFFICE298 24TH ST #205
OGDEN UT 84401
P: 801.436.5757
AMERICAN FORK OFFICE76 N. MERCHANT ST.
AMERICAN FORK, UT 84003
P: 801.641.2933
www.stevensgailey.com