| (1) |
An alleged perpetrator who is arrested for an offense involving domestic violence shall appear in person or by video before the court or a magistrate within one judicial day after the day on which the arrest is made. |
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Terms Used In Utah Code 77-36-2.6
- Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
- Arrest: Taking physical custody of a person by lawful authority.
- Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
- Person: means :Utah Code 68-3-12.5
- Protective order: includes an order issued under Subsection 78B-7-804(3). See Utah Code 77-36-1
| (2) |
An alleged perpetrator who is charged by citation, indictment, or information with an offense involving domestic violence but has not been arrested, shall appear before the court in person for arraignment or initial appearance as soon as practicable, but no later than 14 days after the next day on which court is in session following the issuance of the citation or the filing of the indictment or information. |
| (3) |
At the time of an appearance under Subsection (1) or (2), the court shall consider imposing a pretrial protective order in accordance with Section 78B-7-803. |
| (4) |
Appearances required by this section are mandatory and may not be waived. |
Amended by Chapter 159, 2021 General Session
