| (1) |
Because of the serious nature of domestic violence, the court, in domestic violence actions:
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Terms Used In Utah Code 77-36-2.7- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- Docket: A log containing brief entries of court proceedings.
- domestic violence offense: includes commission or attempt to commit, any of the following offenses by one cohabitant against another:
| (a) | aggravated assault, as described in Section 76-5-103; |
| (b) | aggravated cruelty to an animal, as described in Subsection 76-9-301(4), with the intent to harass or threaten the other cohabitant; |
| (c) | assault, as described in Section 76-5-102; |
| (d) | criminal homicide, as described in Section 76-5-201; |
| (e) | harassment, as described in Section 76-5-106; |
| (f) | electronic communication harassment, as described in Section 76-9-201; |
| (g) | kidnapping, child kidnapping, or aggravated kidnapping, as described in Sections 76-5-301, 76-5-301. See Utah Code 77-36-1- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- Protective order: includes an order issued under Subsection 78B-7-804(3). See Utah Code 77-36-1
- Victim: means a cohabitant who has been subjected to domestic violence. See Utah Code 77-36-1
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| (a) |
may not dismiss any charge or delay disposition because of concurrent divorce or other civil proceedings; |
| (b) |
may not require proof that either party is seeking a dissolution of marriage before instigation of criminal proceedings; |
| (c) |
shall waive any requirement that the victim‘s location be disclosed other than to the alleged perpetrator’s attorney and order the alleged perpetrator’s attorney not to disclose the victim’s location to the client; |
| (d) |
shall identify, on the docket sheets, the criminal actions arising from acts of domestic violence; and |
| (e) |
may hold a plea in abeyance, in accordance with the provisions of Chapter 2a, Pleas in Abeyance, making treatment or any other requirement for the alleged perpetrator a condition of that status. |
| (2) |
When the court holds a plea in abeyance in accordance with Subsection (1)(e), the case against a perpetrator of domestic violence may be dismissed only if the perpetrator successfully completes all conditions imposed by the court. If the perpetrator fails to complete any condition imposed by the court under Subsection (1)(e), the court may accept the perpetrator’s plea. |
| (3) |
When an alleged perpetrator is charged with a crime involving a qualifying offense, as defined in Section 78B-7-801, the court may, during any court hearing where the alleged perpetrator is present, issue a pretrial protective order in accordance with Section 78B-7-803. |
| (4) |
| (a) |
When a court dismisses criminal charges or a prosecutor moves to dismiss charges against an alleged perpetrator of a domestic violence offense, the specific reasons for dismissal shall be recorded in the court file and made a part of any related order or agreement on the statewide domestic violence network described in Section 78B-7-113. |
| (b) |
The court shall transmit the dismissal to the statewide domestic violence network. |
| (c) |
Any pretrial protective orders, including jail release court orders and jail release agreements, related to the dismissed domestic violence criminal charge shall also be dismissed. |
|
| (5) |
The court may not approve diversion for a perpetrator of domestic violence. |
Amended by Chapter 159, 2021 General Session
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