(1)  When a perpetrator is found guilty of a crime involving domestic violence and a condition of the sentence restricts the perpetrator’s contact with the victim, a sentencing protective order may be issued under Section 78B-7-804 for the length of the perpetrator’s probation or a continuous protective order may be issued under Section 78B-7-804.

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Terms Used In Utah Code 77-36-5

  • Department: means the Department of Public Safety. See Utah Code 77-36-1
  • 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
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Protective order: includes an order issued under Subsection 78B-7-804(3). See Utah Code 77-36-1
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Victim: means a cohabitant who has been subjected to domestic violence. See Utah Code 77-36-1
    • (2)  In determining the court’s sentence, the court, in addition to penalties otherwise provided by law, may require the perpetrator to participate in an electronic or other type of monitoring program.

    (3)  The court may also require the perpetrator to pay all or part of the costs of counseling incurred by the victim and any children affected by or exposed to the domestic violence offense, as well as the costs for the perpetrator’s own counseling.

    (4)  The court shall:

    (a)  assess against the perpetrator, as restitution, any costs for services or treatment provided to the victim and affected child of the victim or the perpetrator by the Division of Child and Family Services under Section 80-2-301; and

    (b)  order those costs to be paid directly to the division or its contracted provider.

    (5)  The court may order the perpetrator to obtain and satisfactorily complete treatment or therapy in a domestic violence treatment program, as defined in Section 26B-2-101, that is licensed by the Department of Human Services.

    Amended by Chapter 335, 2022 General Session

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