Violation of Protective Orders
One of the consequences of being subject to a protective order involves the fact that mandatory arrest provisions apply for any alleged violation. In other words, if anyone alleges that you violated the protective order and if the investigating officer finds "probable cause," then the officer is obligated to make an arrest. Given the subjective and quick nature of the officer's judgment, there is room for error, which can be problematic for individuals arrested on this offense.
Salt Lake City Defense Attorney for Violation of Protective Orders
If you have been charged with violation of a protective order, an experienced defense attorney can help you combat the allegations. As a Salt Lake City defense attorney, Darren M. Levitt represents men and women in violation of protective order cases. His clients come from all parts of the Greater Salt Lake Area, including Davis County, Tooele County, Salt Lake County, and the surrounding communities.
Levitt Legal, founded by Darren M. Levitt, uses proactive and strategic defense techniques to take advantage of weaknesses in the prosecution. This may include filing favorable motions such as those to dismiss or exclude evidence. Even before you ever step foot in the courtroom, Darren M. Levitt works hard to help you understand your available defense strategies. Call 801-455-1743 or send an online message for a free consultation about your case.
Violation of Protective Orders Information Center
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Violation of Protective Orders under Utah Criminal Code Section 77-36-2.4
Utah Code Title 77, Chapter 36, Section 2.4 provides for certain penalties and punishments for any violation of protective orders. The protective orders come into existence when signed by the court and served upon the defendant. The definition of "protective order" includes any of the following circumstances:
- The court signs an any ex parte protective order or permanent protective order that was issued under the Cohabitant Abuse Act under Title 78B, Chapter 7, Part 1;
- The court imposes any pretrial protective order, jail release agreement, sentencing protective order, jail release court order issued under the Cohabitant Abuse Procedures Act under Title 77, Chapter 36.
- The court signs any order of protection for a child or ex parte child protective order issued under the Child Protective Orders statute in Title 78B, Chapter 7, Part 2; or
- A court in another jurisdiction signed an order of protection which is enforceable under the Uniform Interstate Enforcement of Domestic Violence Protection Orders Act in Title 78B, Chapter 7, Part 3.
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Mandatory Arrest Provisions for Utah's Domestic Violence Protection Order Violation
After an arrest for violation of an order of protection for domestic violence or stalking, the law enforcement officer has a duty to make an arrest "whenever there is probable cause" to believe that the person accused has violated a term or condition of the ex parte protective order or permanent order of protection.
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Penalties and Punishments for Utah's Domestic Violence Protection Order Violation
If the person subject to that injunction or protective order knowingly or intentionally violates the permanent or temporary order of protection then the individual can be charged with a class A misdemeanor under Utah Criminal Code Section 77-36-2.4.
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Punishments for Second Conviction for Violation of a Protection Order under Utah Law
Utah Criminal Code Section 77-36-1.1(b) provides for certain increased or enhanced penalties for a second or subsequent violation of any order of protection. Since violation of a protection order is a class A misdemeanor, a second conviction can be charged as a third degree felony.
Violation of Protective Order Resources
Utah State Courts - Cases Assigned to the Family or General Division- Task force studies numerous statistics, studies and stories of incidents related to violation of protective orders. The task force then made certain recommendations including recommendation for prosecuting certain domestic or family crimes in the general department of the Utah district court including violation of a protective order under the cohabitant abuse act. The entry of the protective order itself is a civil matter and should be in the Utah State Court family department. The violation of the protective order is a class A misdemeanor under Title 77, Chapter 36 and 76-5-108 and should be in the Utah State Court general department.
Model Utah Criminal Jury Instructions- Search the Utah State Court website for jury instructions for criminal offenses such as violation of a protective order.
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Levitt Legal, PLLC | Violation of Domestic Violence Protective Order Lawyer
Call 801-455-1743 to review your legal options with defense attorney Darren M. Levitt. During your free consultation, you will receive information about the charges you face and the Utah criminal justice process. Since every case is unique, the details you provide can be a great asset towards determining optimal strategies for your defense. However, it's best to contact an attorney as soon after the initial arrest as possible. This can help in gathering time-sensitive witness testimony and other evidence that can be used to your benefit.