Section 1.2 – Acceptance of a plea of guilty or no contest to domestic violence — Restrictions.
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 […]
Section 2.1 – Duties of law enforcement officers — Notice to victims.
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 […]
Section 2.2 – Powers and duties of law enforcement officers to arrest — Reports of domestic violence cases — Reports of parties’ marital status.
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 […]
Section 2.3 – Law enforcement officer’s training.
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 […]
Section 2.4 – Violation of a protective order — Mandatory arrest — Penalties.
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 […]