Effective 5/5/2021 77-36-1.1. Enhancement of offense and penalty for subsequent domestic violence offenses. (1) As used in this section: (a) (i) “Convicted” means a conviction by plea or verdict of a crime or offense. (ii) “Convicted” includes: (A) a plea of guilty or guilty and mentally ill; (B) a plea of no contest; and (C) […]
Effective 5/5/2021 77-36-1.2. Acceptance of a plea of guilty or no contest to domestic violence — Restrictions. (1) Before agreeing to a plea of guilty or no contest, the prosecutor shall examine the criminal history of the perpetrator. (2) An entry of a plea of guilty or no contest to a domestic violence offense is […]
77-36-10. Authority to prosecute class A misdemeanor violations. Alleged class A misdemeanor violations of this chapter may be prosecuted by city attorneys. Enacted by Chapter 244, 1996 General Session
Effective 7/1/2020 77-36-2.1. Duties of law enforcement officers — Notice to victims. (1) A law enforcement officer who responds to an allegation of domestic violence shall use all reasonable means to protect the victim and prevent further violence, including: (a) taking the action that, in the officer’s discretion, is reasonably necessary to provide for the […]
Effective 5/4/2022 77-36-2.2. Powers and duties of law enforcement officers to arrest — Reports of domestic violence cases — Reports of parties’ marital status. (1) The primary duty of law enforcement officers responding to a domestic violence call is to protect the victim and enforce the law. (2) (a) In addition to the arrest powers […]
77-36-2.3. Law enforcement officer’s training. All training of law enforcement officers relating to domestic violence shall stress protection of the victim, enforcement of criminal laws in domestic situations, and the availability of community shelters, services, and resources. Law enforcement agencies and community organizations with expertise in domestic violence shall cooperate in all aspects of that […]
Effective 7/1/2020 77-36-2.4. Violation of a protective order — Mandatory arrest — Penalties. (1) A law enforcement officer shall arrest an alleged perpetrator for a violation of any of the provisions of an ex parte protective order or protective order in accordance with Section 78B-7-119. (2) A violation of a protective order is punishable in […]
Effective 5/5/2021 77-36-2.6. Appearance required — Considerations by court. (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. (2) An alleged perpetrator who is charged […]
Effective 5/5/2021 77-36-2.7. Dismissal — Diversion prohibited — Plea in abeyance — Pretrial protective order. (1) Because of the serious nature of domestic violence, the court, in domestic violence actions: (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 […]
Effective 9/1/2022 77-36-5. Sentencing — Restricting contact with victim — Electronic monitoring — Counseling — Cost assessed against perpetrator — Sentencing protective order — Continuous protective order. (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 […]
Effective 5/5/2021 77-36-5.1. Conditions of probation for domestic violence offense. (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. (2) The court may condition probation […]
Effective 7/1/2020 77-36-6. Enforcement of orders. (1) Each law enforcement agency in this state shall enforce all orders of the court issued under the requirements and procedures described in this chapter, and shall enforce: (a) all protective orders and ex parte protective orders issued under Title 78B, Chapter 7, Part 6, Cohabitant Abuse Protective Orders; […]
77-36-7. Prosecutor to notify victim of decision as to prosecution. (1) The prosecutor who is responsible for making the decision of whether to prosecute a case shall advise the victim, if the victim has requested notification, of the status of the victim’s case and shall notify the victim of a decision within five days after […]
77-36-8. Peace officers’ immunity from liability. A peace officer may not be held liable in any civil action brought by a party to an incident of domestic violence for making or failing to make an arrest or for issuing or failing to issue a citation in accordance with this chapter, for enforcing in good faith […]
77-36-9. Severability clause. If any provision of this chapter or its application to any person or circumstance is held invalid, the remainder of the chapter or the application of the provision to other persons or circumstances is not affected. Enacted by Chapter 114, 1983 General Session
