Utah Domestic Violence
Domestic violence is one of the most common criminal charges in Utah. There are various degrees of domestic violence, and depending on the situation you can be charged with anything from a Class C Misdemeanor to a 1st Degree Felony. Usually Utah domestic violence is a violent crime against someone you are cohabiting with. The charge, no matter what it is, can be enhanced if the act took place in front of a minor child.
Utah Domestic violence charges are unique in that a law enforcement officer may make an arrest without a warrant if he has probable cause to believe that domestic violence has occurred. This is an exception to the usual rule that an officer cannot make an arrest without a warrant unless he observed the crime being committed or he has reason to believe a felony has occurred.
Another unique aspect of Utah domestic violence cases between a husband and wife is the victim can refuse to testify against his or her spouse. In most cases the prosecution can compel a party to testify, if a party refuses he/she is subject to penalties. This aspect of Utah domestic violence cases can make things difficult on the prosecution if the victim refuses to testify. The prosecution is able to pursue the case whether the spouse cooperates or not, but from a practical standpoint the prosecution may have a very difficult time meeting its burden of proof without testimony from the victim or a witness. Many time a victim does not want to get his/her spouse in trouble so he/she ultimately refuses to cooperate even if he/she initially reported the crime.
Pearson Law Firm will provide you with an experienced Utah domestic violence attorney that will aggressively represent you. Whether you are falsely accused or simply made a bad decision, your attorney will do everything he can to minimize the damage and affect this incident may have on your life. Contact Pearson Law Firm for a free consultation an experienced Utah domestic violence attorney, call today! 801-888-0991
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Pearson Law Firm, PLLC
9192 South 300 West,
Sandy, Utah 84070