Domestic violence in Bountiful occurs when there is an instance of an individual harming or threatening to harm a cohabitant. A cohabitant is defined as a spouse (current or former), roommate, sibling, in-law, person whom the perpetrator shares child custody with and a person with whom the perpetrator is intimately involved.
Domestic violence is also considered to be any violent offense towards another person like stalking, harassment, violating a restraining order, and assault. The act must be committed from one cohabitant to another to be considered domestic violence.
If a law enforcement official determines that there is reasonable cause to believe that domestic violence has occurred in Bountiful, he or she can issue an arrest even without a warrant. In this case, it is crucial to retain a domestic violence attorney immediately. If there is cause for the law enforcement official to believe that the victim will continue to be in danger, or if the offender has recently caused serious injury or employed a firearm, the officer must issue an arrest and take the defendant into custody. Should you find yourself arrested for domestic violence in Bountiful, you will not be released before the next court date (at a minimum), and you will be barred from contacting the victim for any reason.
In Bountiful, a protective order (i.e. restraining order) is a court order requiring one person (i.e. the defendant) to avoid contact and stay away from another person (i.e. the victim). Keep in mind that it is against the law in Bountiful to violate a protective order. Additionally, Utah allows for its judges to issue pre-trial protective orders, in effect prohibiting the defendant from committing and/or threatening violent acts against the victim, as well as banning any communication between the two parties. Pre-trial protective orders remain in effect until the date of the trial. If you have questions, your domestic violence attorney in Bountiful will help outline for you what needs to be done.
Even in the absence of charges, any cohabitant who has been the victim (or is in danger) of domestic violence or abuse in Bountiful may also file a petition for an ex parte order. Your Bountiful domestic violence attorney will guide you through the process. These orders are made without notice to the defendant and without the defendant first appearing before a judge. In theory, ex parte orders prohibit the offender from engaging in violent acts against the victim. They also ban any and all contact between the two parties and prohibit the defendant from showing up at the victim’s residence, school or place of employment.
In Bountiful, domestic violence in the presence of a child (or children) carries even stiffer penalties, with Utah state law allowing for an individual to be charged with separate counts for each child present. Based on our experience with previous clients, this statute does not clearly define its own parameters, meaning that something as simple as being within earshot of the violence can, legally speaking, be considered domestic violence in the “presence of the child.”
Jardine Law Offices, P.C. knows what it takes to help you and your family secure the future you deserve. For a criminal defense attorney with a stellar track record, Call 801-350-3506 today to schedule your free consultation.