(1)  Before a perpetrator who is convicted or adjudicated of a domestic violence offense may be placed on probation, the court shall consider the safety and protection of the victim and any member of the victim’s family or household.

criminal case

Have a question?
Click here to chat with a criminal defense lawyer and protect your rights.

Terms Used In Utah Code 77-36-5.1

  • 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
  • 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.
  • 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.
  • Sentencing protective order: means a written order of the court as part of sentencing in a domestic violence case that limits the contact an individual who is convicted or adjudicated of a domestic violence offense may have with a victim or other specified individuals under Section 78B-7-804. See Utah Code 77-36-1
  • Victim: means a cohabitant who has been subjected to domestic violence. See Utah Code 77-36-1
    • (2)  The court may condition probation or a plea in abeyance on the perpetrator’s compliance with one or more orders of the court, which may include:

    (a)  a sentencing protective order issued under Section 78B-7-804;

    (b)  prohibiting the perpetrator from possessing or consuming alcohol or controlled substances;

    (c)  prohibiting the perpetrator from purchasing, using, or possessing a firearm or other specified weapon;

    (d)  directing the perpetrator to surrender any weapons the perpetrator owns or possesses;

    (e)  directing the perpetrator to participate in and complete, to the satisfaction of the court, a program of intervention for perpetrators, treatment for alcohol or substance abuse, or psychiatric or psychological treatment;

    (f)  directing the perpetrator to pay restitution to the victim, enforcement of which shall be in accordance with Chapter 38b, Crime Victims Restitution Act; and

    (g)  imposing any other condition necessary to protect the victim and any other designated family or household member or to rehabilitate the perpetrator.

    (3)  The perpetrator is responsible for the costs of any condition of probation, according to the perpetrator’s ability to pay.

    (4) 

    (a)  Adult Probation and Parole, or other provider, shall immediately report to the court and notify the victim of any offense involving domestic violence committed by the perpetrator, the perpetrator’s failure to comply with any condition imposed by the court, and any violation of a sentencing protective order issued by the court under Section 78B-7-804.

    (b)  Notification of the victim under Subsection (4)(a) shall consist of a good faith reasonable effort to provide prompt notification, including mailing a copy of the notification to the last-known address of the victim.

    (5)  In addition to a protective order issued under this section, the court may issue a separate order relating to the transfer of a wireless telephone number in accordance with Section 78B-7-117.

    Amended by Chapter 159, 2021 General Session

      Previous section
    Next section  
     Chapter 36 Contents