Domestic Violence in the Presence of a Child in Utah
Domestic Violence in the Presence of a Child" is charge that often accompanies other domestic violence charges. Utah law defines Domestic Violence in the Presence of a Child as any time a person commits a crime of domestic violence "in the presence of a child," or "having knowledge that a child is present and may see or hear an act of domestic violence."
Because Utah law defines Domestic Violence in the Presence of a Child so broadly, police will often charge it simply because a child was in the house when an act of domestic violence occurred, even if the child was asleep or in a completely different part of the house. Additionally, you can be given a separate charge for each child that was present.
Our lead trial attorney, Steven K. Burton, is a former domestic violence prosecutor who has extensive experience in domestic violence cases. To speak with Steve or another domestic violence attorney, please call 801-990-4200 or email a domestic violence attorney by clicking here.
Domestic Violence in the Presence of a Child Penalties in Utah
In Utah, "Domestic Violence in the Presence of a Child" is usually charged as a Class B misdemeanor. However, the charge may be enhanced to a third-degree felony if the underlying domestic violence charge is an "aggravated" charge, such as aggravated assault, aggravated kidnapping, or homicide.
A domestic violence conviction can have several consequences. The judge may impose fines, jail time, community service, domestic violence classes, and probation. Domestic violence convictions may also have indirect consequences such as causing you to lose your job and causing damage to your reputation. You may also lose your constitutional right to possess a firearm.
As a Class B misdemeanor, the recommended fine for domestic violence in the presence of a child is $1,940 for each separate charge. The judge does not have to follow the recommended fine amount, and may lower the amount or substitute community service. The possible jail time for a Class B domestic violence is 0 – 180 days in jail.
Domestic Violence Defense Attorney
An experienced domestic violence lawyer can evaluate your case and determine the best defense strategy for your situation. Our lead domestic violence attorney, Steven K. Burton, has extensive experience as both a domestic violence prosecutor and defense attorney. He has had great success defending domestic violence cases because he knows the ins and outs of the law and knows what strategies win a case and what strategies don’t. To hire a defense attorney, call 801-990-4200 or email a defense attorney by clicking here.
