Domestic violence crimes in Utah are not separate crimes, but rather an attribute or description that can be added to another offense to make the potential penalties and options for police officers harsher. If you have been accused of a domestic violence crime, our lawyers can fight your case and seek to have your name cleared, penalties reduced, and more.
In many cases, these criminal charges are too harsh, given that many cases of domestic abuse involve both parties acting pushy or violently, and it might be ineffective or inappropriate to charge only one with a crime. These cases also have far-reaching consequences and might mean losing your home, losing access to firearms, and otherwise spending time in jail, making it all the more important to have a lawyer.
For a free case evaluation, call the domestic violence defense attorneys at Overson Law today at (801) 758-2287.
Problems with Domestic Violence Charges in Millcreek, UT
It goes without saying that domestic violence is a very serious area of the law and that many people are victims of serious domestic abuse that might go on for years without ever coming to light. While these laws are intended to route out that kind of abuse, give the police more tools to combat it, and create harsher penalties for serial abusers, there are also many problems with domestic abuse cases that our domestic violence defense attorneys can help fight in your case:
“He-Said-She-Said” Evidence
Many cases of domestic violence have no hard, concrete evidence such as bruises, security camera footage, or outside witness statements to corroborate what happened. Instead, the arrests and criminal charges are based on the statements of two people: the alleged victim and the defendant. In most cases, the defendant should not testify in their own defense, which often allows the alleged victim to control the narrative, and simply trusting their word is not often enough to truly support charges. This can tie you up in the criminal justice system, put restraining orders in place, and leave you with bail conditions and red flag laws that keep you away from your house and firearms, all potentially without ever resulting in criminal penalties if the evidence is too weak to support a conviction.
Motivations to Lie
Domestic violence charges often come up in cases that are already contentious, perhaps with divorce proceedings or child custody hearings already underway. When one spouse or partner has a motive to lie about the other’s abuse, their word is less trustworthy, and without additional evidence, these charges should not move forward in every case.
Gender Stereotypes and Mutual Aggressors
There is a general stereotype that men have a harder time with domestic violence accusations than women, with most domestic abuse charges being filed against men. It might be difficult for a husband or boyfriend to counter-report mutual abuse by their wife or girlfriend, even in cases where the man might have been defending himself and ultimately slapped with criminal charges despite the woman being the aggressor. In other cases, there might have been clear, unwarranted violence from both sides, but it becomes difficult to bring up the fact that your partner was also being violent, given that you need to maintain your right to remain silent. When self-defense is involved, it might ultimately mean that the case against you is unwarranted – and when both parties were being violent, it often makes criminal charges seem overblown or inappropriate.
Types of Domestic Violence Charges in Millcreek
As mentioned, domestic violence acts as an attribute or tag that is applied to another criminal charge. Under Utah Code § 77-36-1, there is a list of crimes that, when committed against your “cohabitant,” can be considered domestic violence crimes. A cohabitant, as the name implies, is someone you live with, which can allow domestic violence charges to be issued against adult siblings, roommates, adult children, and romantic partners. However, the definition also expands to cover dating partners, co-parents, and former spouses who might not actually live with you.
The following crimes are some of the more common “domestic violence” offenses committed against cohabitants, but this list does not discuss every crime listed in the Utah Code as a potential domestic violence crime:
Assault
The most obvious kind of domestic violence crime is one of physically assaulting a spouse or dating partner. This can be considered assault if there were bodily injuries, though strikes and slaps short of actual injury might not qualify. This crime can be upgraded to aggravated assault if strangulation, risk of death, or use of a weapon, or hitting someone with a vehicle was involved, as well as if serious injuries resulted.
Harassment
One of the most common ways that you can be charged with a domestic violence crime is without any actual physical violence or force. Harassment charges can be filed when you communicate with someone in a way that is intended to frighten or harass them or if you threaten a “violent felony” in a writing or recording. This would mean that a text message you send to intentionally harass an ex could be domestic violence, as would a threat to hit assault or kill them.
Charges can come under a different code section for use of an “electronic communication,” meaning that harassing phone calls and social media messages might be charged under different code sections.
Stalking
Following or repeatedly communicating with an ex or other cohabitant as part of a “course of conduct” to cause “emotional distress” is what is needed for stalking. This is often done against an ex or former dating partner, making it domestic violence. However, if there is no prior relationship between the defendant and the alleged victim, this should not qualify as a domestic violence case.
Contact Our Domestic Violence Defense Attorneys in Millcreek, UT Today
If you were charged with a domestic violence case, call the domestic violence defense attorneys at Overson Law today at (801) 758-2287.
