Utah Domestic Violence Criminal Defense Attorney

Domestic Violence Lawyer in Salt Lake City

Being labeled an "abuser" of a husband, wife, significant other, or child is one of the worst criminal charges you can face. This is because you can lose your job (and have a very hard time finding somebody else to hire you), go to jail, pay a hefty fine, be forced to attend counseling, lose your gun rights, right to travel, etc. Despite the disastrous consequences, many people wrongly believe that if they just go into court and plead guilty to a "simple" domestic violence charge, they will somehow put it behind them, and can then "just move on with their life".

Don’t make that mistake! Please call us today so that we can fight to preserve your rights. Also, if your loved one is charged with this crime, we can usually visit them in jail the same day we are called, so call us now at 801-364-6454. Probably a third of the calls we get are domestic-violence related calls.

Although most domestic violence charges are usually class B misdemeanors (which include a fine, counseling, and up to six months in jail), we are seeing more and more of them being charged as felonies (up to life in prison), even there is only a couple of slight bruises (in a case like that, a second-degree felony may be filed).

EVEN IF YOU FEEL YOU ARE GUILTY, PLEASE CALL US!

Often people think, "Well, I did it, so I will just plead guilty." Please, speak to us first. Often there are many factors that must be considered such as 1) what provoked you, 2) the history of the relationship, 3) any mental condition, or the medication you may have been on, and 4) many other things. In law, we call those things "mitigating factors". So, please, do not simply plead guilty – domestic violence laws are very complicated, and even if you are guilty, you still have many rights that must be protected.

We often get calls like this: "Sir, my friend was arrested last night. He and his wife had a little argument, and he pushed her out of his way, so he could leave the house. She was blocking the door. Her friend saw the push, and she called the police. She’s been out to get him for years. The police came and arrested him because she had a small red mark where he pushed her, even though his wife was telling them that she did not feel she was the victim of any crime. I think this whole thing is ridiculous. If this goes on his record, he’s gonna lose his job, and he won’t be able to go hunting. Can you go see him in jail, and help him? I think this whole thing is just the city’s way of getting more money out of people."

We can help, so call us now at 801-364-6454.

For some people, domestic violence cases in Utah can be real head-scratchers, and even downright maddening. Virtually any judge, prosecutor, or police officer will tell you that these cases are some of the most challenging ones they have to deal with for a variety of reasons.

FOR MANY REASONS, A LOT OF OUR CLIENTS FEEL THEY ARE INNOCENT!

Rason #1

Some people feel that what happened was simply "no big deal". For example, many of our clients say something like this, "I can’t believe I got charged with domestic violence. I mean, I admit that I pushed my wife, but it was no big deal. After all, she slaps, pushes, and grabs me all the time, and I’ve never called the police on her. Besides, she wasn’t even hurt. All she had was this tiny red mark that went away the next day, and my wife does not want to testify against me because she thinks the criminal charge is stupid, too. Now, she wishes she’d never called the police."

The legal term for something that is "no big deal", is "de minimis", which is Latin for "of minimum importance". An example of this is sampling a grape at the grocery store before you decide if you want to buy some of the grapes. Most people wouldn’t consider eating one grape theft because it is de minimis – in other words, no big deal. (However, just to be on the safe side, get permission to sample anything!) Of course, the judge and prosecutor will likely view what happened as a VERY big deal. But some prosecutors are very uncomfortable with how far these laws have gone, and feel they are out of control. Over the years, many prosecutors and cops have told me that they feel the domestic-laws are "out of control", and are simply ways for the "City to make more money off people", especially when absolutely no medical attention was required.

In fact, many people feel that "domestic violence" ought to be renamed to reflect what often is: unwanted domestic touching that leaves a mark, no matter how slight. After all, when most people think of a "violent storm", they think of a storm that does a LOT of damage. And the word "rape" in Spanish is "violación" – a very strong word indeed.

Today, the word "violence" has seemingly lost its true meaning, and in today’s political climate, even a slight red mark can be viewed as a HUGE deal, even though throughout the history of time, most cultures have not prosecuted physical contact that only left a slight red mark, little scratch or faint bruise. In other words, many of our clients feel the "violence" involved was de minimis.

Fortunately, most police officers are well trained, and professional, but let’s face it, there are some bad apples wearing uniforms. And what bewilders – and often angers - some of our clients is the fact that some police officers will often enter a home, push people around, use profane language, and handcuff people in front of the children. Those kids will certainly never forget what they saw the cops do to their family member, even though he or she may have only caused a slight red mark on one of their "cohabitants", and the kids had no idea that this had even happened because they were either asleep, or in a different room when it happened.

In other words, our clients often feel that what they did to get charged with "domestic-violence-in-the-presence-of-children" was virtually nothing compared to the violence that the children witnessed from the police themselves. One of our clients actually had her front door knocked down by a battering ram, even though the door was not even locked.

We can help, so call us now at 801-364-6454.

Reason #2

Some people feel that the other person impliedly consented to what happened. This is usually because they feel that they were engaged in "mutual combat", which to them is no different than two boxers in a boxing match. Many of our clients say something like this: "We do this to each other all the time – and my wife was not running away from me. We were both just sort of pushing each other a bit. She never told me to stop."

This argument makes nearly all prosecutors and judges really mad, even though such may actually be the case. After all, if nobody is retreating or protesting the physical contact, it’s hard to say that an assault an assault is taking place. We see this at sporting events all the time. After a play is over, two players start pushing and shoving each other, and are "going at it toe-to-toe". Yet nobody gets arrested, even though thousands or witnesses would be available to testify as to what took place at court. Even though the play may be clearly over, neither player is retreating, and neither player is yelling something such as, "Hey, stop pushing me!" Now, if a player ran up to another player and struck him from behind, that would be a totally different thing.

Also, the only difference between sex and rape is often consent – and consensual sex can be very physical between some couples. Consent (or the lack of it) is an essential element in a domestic violence case, and this can be very complicated. For example, if a man calls a woman a "fucking cunt", is he not inviting her to slap him? Even little kids understand this concept, which is why they say, "He was asking for it!" or "He had it coming!" If a jury believes what took place was consensual, you can be found not guilty. Please do NOT try to make these arguments yourself because you are likely to only infuriate the prosecutor and/or the judge. Such arguments must be made with great skill, knowledge of the law and caution.

When it comes to domestic violence crimes, ordinary logic is often thrown out the window, and political correctness takes over. When a spouse refuses to testify, they are often viewed as doing so because they are afraid their spouse has threatened them, even though such may not be even remotely true.

We can help, so call us now at 801-364-6454.

Reason #3

Some people feel that the way they "were raised" should be how the law is today. After all, they feel that they "turned out just fine". For these people, simple wrist grabbing, pinching, slapping, scratching, spanking, pushing, and other things that required no medical attention whatsoever were viewed as simply no big deal in their families.

In Utah, simple wrist grabbing, pinching, slapping, scratching, spanking, pushing, and other things that required no medical attention whatsoever can be viewed as very big deals, even though the 99% of humanity has arguably engaged in such behavior throughout the history of time. In other words, virtually anybody can get nailed with a domestic violence charge, unless they live a perfectly peaceful lifestyle, and even then they can always be falsely accused by somebody who just wants to show them "who’s in control".

Sadly, getting somebody falsely arrested on a domestic violence can be the ultimate tool of terror and control. All a person has to do is call 911, and claim they were "attacked". Then, while the cops are on their way, the "victim" need only rub their neck, and create some redness. When the police arrive, they need only tell them that the accused tried to strangle them. It’s just that easy, and trust me, many false accusers know that. Of course the police forget one tiny detail: having a red neck proves nothing other than the person has a red neck! False accusers will often knock over chairs and do other things, too, so as to make it look like there was a struggle. With a tall tale like that the accused might even get slammed with a second degree felony (instead of a class B misdemeanor), which carries with it a possible prison sentence of up to 15 years. This is especially true if the so-called "attacker" is very vocal about their innocence, and the cops can spot at least "two small bruises", or other things. Some cops get really turned off when a person actually insists they are innocent, and that the accusation is a total lie.

We can help, so call us now at 801-364-6454.

Of course, it really does not matter what a citizen thinks. What matters is what the law is.

The definition of domestic violence in Utah is very broad. Utah law defines it as intentionally or knowingly causing or attempting to cause a cohabitant physical harm or intentionally or knowingly placing a cohabitant in reasonable fear of imminent physical harm. Utah Code § 77-36-(2)

For most of our clients, the "harm" is the type that required absolutely no medical attention at all.

"Domestic violence" means any criminal offense involving violence or physical harm or threat of violence or physical harm, or any attempt, conspiracy, or solicitation to commit a criminal offense involving violence or physical harm, when committed by one cohabitant against another. "Domestic violence" also means commission or attempt to commit, any of the following offenses by one cohabitant against another:

• (a) aggravated assault, as described in Section 76-5-103;
• (b) assault, as described in Section 76-5-102;
• (c) criminal homicide, as described in Section 76-5-201;
• (d) harassment, as described in Section 76-5-106;
• (e) electronic communication harassment, as described in Section 76-9-201;
• (f) kidnaping, child kidnaping, or aggravated kidnaping, as described in Sections 76-5-301, 76-5-301.1, and 76-5-302;
• (g) mayhem, as described in Section 76-5-105;
• (h) sexual offenses, as described in Title 76, Chapter 5, Part 4, Sexual Offenses, and Title 76, Chapter 5a, Sexual Exploitation of Children;
• (i) stalking, as described in Section 76-5-106.5;
• (j) unlawful detention, as described in Section 76-5-304;
• (k) violation of a protective order or ex parte protective order, as described in Section 76-5-108;
• (l) any offense against property described in Title 76, Chapter 6, Part 1, Property Destruction, 2, Burglary and Criminal Trespass, or 3, Robbery;
• (m) possession of a deadly weapon with intent to assault, as described in Section 76-10-507;
• (n) discharge of a firearm from a vehicle, near a highway, or in the direction of any person, building, or vehicle, as described in Section 76-10-508;
• (o) disorderly conduct, as defined in Section 76-9-102, if a conviction of disorderly conduct is the result of a plea agreement in which the defendant was originally charged with any of the domestic violence offenses otherwise described in this Subsection (2). Conviction of disorderly conduct as a domestic violence offense, in the manner described in this Subsection (2)(o), does not constitute a misdemeanor crime of domestic violence under 18 U.S.C. Section 921, and is exempt from the provisions of the federal Firearms Act, 18 U.S.C. Section 921 et seq.; or
• (p) child abuse as described in Section 76-5-109.1.

"Victim" means a cohabitant who has been subjected to domestic violence.

Remember, the crime must be committed against a "cohabitant". "Cohabitant" means an emancipated person pursuant to Section 15-2-1, or a person who is 16 years of age or older who:  (a) is or was a spouse of the other party; (b) is or was living as if a spouse of the other party; (c) is related by blood or marriage to the other party; (d) has one or more children in common with the other party; (e) is the biological parent of the other party’s unborn child; or (f) resides or has resided in the same residence as the other party; (3) notwithstanding  Subsection (2), ’cohabitant’ does not include:  (a) the relationship of natural parent, adoptive parent, or step-parent to a minor; or (b) the relationship between natural, adoptive, step, or foster siblings wo are unde 18 years of age...(5) ’domestic violence’ means the same as that term is defined in Section 77-36-1; (6) ’Ex parte protective order’ means an order issued without notice to the defendant in accordance with this chapter ..."

Also, under Utah Code § 30-6-2(1) "Any cohabitant who has been subjected to abuse or domestic violence, or to whom there is a substantial likelihood of abuse or domestic violence, may seek an ex parte protective order or a protective order in accordance with this chapter, whether or not that person has left the residence or the premises in an effort to avoid further abuse."

Most attorneys I know would agree that this law, as currently applied, has become a complete mockery of justice in many cases, and is often a "race to the courthouse" for strategic reasons, such as getting possession of a home or the kids during an upcoming divorce proceeding.

Under Utah Code Section 77-36-2.7, diversions for domestic violence are not allowed. Here is what else the law says:

• (1) Because of the serious nature of domestic violence, the court, in domestic violence actions:
• (a) may not dismiss any charge or delay disposition because of concurrent divorce or other civil proceedings;
• (b) may not require proof that either party is seeking a dissolution of marriage before instigation of criminal proceedings;
• (c) shall waive any requirement that the victim’s location be disclosed other than to the defendant’s attorney, upon a showing that there is any possibility of further violence, and order the defendant’s attorney not to disclose the victim’s location to his client;
• (d) shall identify, on the docket sheets, the criminal actions arising from acts of domestic violence;
• (e) may dismiss a charge on stipulation of the prosecutor and the victim; and
• (f) may hold a plea in abeyance, in accordance with the provisions of Chapter 2a, Pleas in Abeyance, making treatment or any other requirement for the defendant a condition of that status.
• (2) When the court holds a plea in abeyance in accordance with Subsection (1)(f), the case against a perpetrator of domestic violence may be dismissed only if the perpetrator successfully completes all conditions imposed by the court. If the defendant fails to complete any condition imposed by the court under Subsection (1)(f), the court may accept the defendant’s plea.
• (3)
• (a) Because of the likelihood of repeated violence directed at those who have been victims of domestic violence in the past, when any defendant is charged with a crime involving domestic violence, the court may, during any court hearing where the defendant is present, issue an order, pending trial:
• (i) enjoining the defendant from threatening to commit or committing acts of domestic violence or abuse against the victim and any designated family or household member;
• (ii) prohibiting the defendant from harassing, telephoning, contacting, or otherwise communicating with the victim, directly or indirectly;
• (iii) removing and excluding the defendant from the victim’s residence and the premises of the residence;
• (iv) ordering the defendant to stay away from the residence, school, place of employment of the victim, and the premises of any of these, or any specified place frequented by the victim and any designated family member; and
• (v) ordering any other relief that the court considers necessary to protect and provide for the safety of the victim and any designated family or household member.
• (b) Violation of an order issued pursuant to this section is punishable as follows:
• (i) if the original arrest or subsequent charge filed is a felony, an offense under this section is a third degree felony; and
• (ii) if the original arrest or subsequent charge filed is a misdemeanor, an offense under this section is a class A misdemeanor.
• (c) The court shall provide the victim with a certified copy of any order issued pursuant to this section if the victim can be located with reasonable effort.
• (4) When a court dismisses criminal charges or a prosecutor moves to dismiss charges against a defendant accused of a domestic violence offense, the specific reasons for dismissal shall be recorded in the court file and made a part of the statewide domestic violence network described in Section 78B-7-113.
• (5) When the privilege of confidential communication between spouses, or the testimonial privilege of spouses is invoked in any criminal proceeding in which a spouse is the victim of an alleged domestic violence offense, the victim shall be considered to be an unavailable witness under the Utah Rules of Evidence.
• (6) The court may not approve diversion for a perpetrator of domestic violence.

The question we often get asked is this: What if my spouse does not want to testify against me? First of all, remember this: Do NOT engage in witness tampering by telling a "victim" what to say or do – that will make your case worse! If, however, the spouse ON THEIR OWN decides not to testify, the court will deem that spouse to be "unavailable". Which is what subsection (5) above says.

We can help, so call us now at 801-364-6454.