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 […]
Section 2.6 – Appearance required — Considerations by court.
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 […]
Section 2.7 – Dismissal — Diversion prohibited — Plea in abeyance — Pretrial protective order.
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 […]
Section 5 – Sentencing — Restricting contact with victim — Electronic monitoring — Counseling — Cost assessed against perpetrator — Sentencing protective order — Continuous protective order.
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 […]
Section 5.1 – Conditions of probation for domestic violence offense.
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 […]