Domestic Violence in presence of a child is a serious crime in Utah and is not one that people should take lightly. Domestic violence charges and/or convictions can really hamper custody in a Divorce or in any family law matter.
(2) A person commits domestic violence in the presence of a child if the person:
(a) commits or attempts to commit criminal homicide, as defined in Section 76-5-201, against a cohabitant in the presence of a child; or
(b) intentionally causes serious bodily injury to a cohabitant or uses a dangerous weapon, as defined in Section 76-1-601, or other means or force likely to produce death or serious bodily injury against a cohabitant, in the presence of a child; or
(c) under circumstances not amounting to a violation of Subsection (2)(a) or (b), commits an act of domestic violence in the presence of a child.
Utah Code Ann. § 76-5-109.1 (West)
If you have been charged with Domestic Violence you need to contact our office. There are preventive steps that can be taken. This is a criminal offense that can range from a Class B Misdemeanor to a 3rd Degree Felony. We have represented clients that have been charged with this crime, we have he experience necessary to represent your best interest. When being charged with this crime it is important to take your whole situation into consideration in order to truly get the best outcome.
There are also possible fines if you are convicted of this crime;
(1) A person convicted of an offense may be sentenced to pay a fine, not exceeding:
(a) $10,000 for a felony conviction of the first degree or second degree;
(b) $5,000 for a felony conviction of the third degree;
(c) $2,500 for a class A misdemeanor conviction;
(d) $1,000 for a class B misdemeanor conviction;
(e) $750 for a class C misdemeanor conviction or infraction conviction; and
(f) any greater amounts specifically authorized by statute.
Utah Code Ann. § 76-3-301 (West)
This crime will also affect your pending divorce or your final divorce decree if your spouse seeks a modification concerning custody of your children. Keep this in mind before you agree to come to any agreement with the prosecutor. Make sure the prosecutor is doing his job and looking at all the evidence. Give us a call today. We can help. We are Arnold & Wadsworth a Utah Law Firm.