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Domestic Assault and Battery

domestic assault and battery

Domestic violence is one of the most common forms of violent crimes in this country. Specifically, instances of domestic assault and battery are a reoccurring crime nationwide.

While Utah code does not have a specific domestic assault and battery law, it contains laws addressing violent acts of abuse against individuals sharing a residence or related by marriage or by blood.

The state of Utah takes domestic violence (intimate partner violence) very serious and penalizes those accused accordingly. Penalties for domestic violence can include fines, jail time, and even a lowered chance of finding employment.

If you were involved in a domestic dispute that became physical, you are at risk of losing your freedom. This can be addressed by an experienced criminal defense attorney.

Utah Domestic Assault and Battery Information Center

  • Domestic Assault and Battery Defined
  • Penalties for Domestic Assault and Battery Conviction
  • Pleas in Abeyance
  • More Information on Domestic Abuse

Domestic Assault and Battery Defined

Utah Code §77-36-1 states domestic violence includes any criminal offense involving violence, 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 includes attempts to commit any of the following by one cohabitant against another:

  • aggravated assault;
  • assault;
  • criminal homicide;
  • harassment;
  • electronic communication harassment;
  • kidnapping (including child and aggravated categories);
  • mayhem,
  • sexual offenses,
  • stalking,
  • unlawful detention of an adult or minor;
  • any offense against property in Title 76;
  • possession of a deadly weapon with intent to assault; discharge of a firearm from a vehicle, near a highway, or in the direction of a person, building, or vehicle;
  • disorderly conduct as a domestic violence offense; or
  • child abuse

Penalties for Domestic Assault and Battery Conviction

Domestic assault and battery are typically considered misdemeanors; however, penalties may become more severe if committed within five years of a previous qualifying domestic violence conviction.

In addition to jail time and possible fines, a domestic assault and battery conviction can result in protective orders barring access between the alleged actor and victim. It could also result in required electronic monitoring programs, court mandated counseling, or therapy.

Pleas in Abeyance

One option for those accused of domestic assault and battery to avoid an actual conviction is to make a plea in abeyance.

A plea in abeyance is a court order, upon agreement between the prosecution and defendant, for the defendant’s acceptance of guilt or no contest which does not lead to a judgment of conviction so long has he or she complies with specific conditions set forth in the plea in abeyance agreement.

This may be an attractive option for some defendants as it results in either a lower degree of offense or a complete dismissal of the defendant’s case upon successful completion of the terms of the agreement.

More Information on Domestic Assault and Battery

Crime victim.org: This state site offers victims of domestic violence with resources for counseling, sources for protective orders, statistics, and help information on victims’ rights.

State Child Welfare Policy Database: This site offers victims of domestic violence with support information for children who witnessed said violence.

Free Consultation with Domestic Assault and Battery Lawyer

If you need help with a Domestic Assault and Battery charge, please give our office a call for your free consultation (801) 676-5506. We’ll help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 676-5506

Ascent Law LLC

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Michael Anderson

About the Author

People who want a lot of Bull go to a Butcher. People who want results navigating a complex legal field go to a Lawyer that they can trust. That’s where I come in. I am Michael Anderson, an Attorney in the Salt Lake area focusing on the needs of the Average Joe wanting a better life for him and his family. I’m the Lawyer you can trust. I grew up in Utah and love it here. I am a Father to three, a Husband to one, and an Entrepreneur. I understand the feelings of joy each of those roles bring, and I understand the feeling of disappointment, fear, and regret when things go wrong. I attended the University of Utah where I received a B.A. degree in 2010 and a J.D. in 2014. I have focused my practice in Wills, Trusts, Real Estate, and Business Law. I love the thrill of helping clients secure their future, leaving a real legacy to their children. Unfortunately when problems arise with families. I also practice Family Law, with a focus on keeping relationships between the soon to be Ex’s civil for the benefit of their children and allowing both to walk away quickly with their heads held high. Before you worry too much about losing everything that you have worked for, before you permit yourself to be bullied by your soon to be ex, before you shed one more tear in silence, call me. I’m the Lawyer you can trust.