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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 Gaileylawyers in American Forkare thebest 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 LehiorOgden criminal defense attorneyStevens 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 officers 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. Thebest criminal defense attorneys in Ogdenorbest criminal defense attorney in Lehi can help withyour 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, orgo to the victims 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 withcriminal attorneys Ogden aboutcriminal law Ogden.Ogden Criminal defenseis Anexperienced Criminal Defense Attorneys in Provo Utahcan assist you in understanding all of your alternatives.
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