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Grand County Justice Court - DOMESTIC VIOLENCE

  1. GRAND COUNTY JUSTICE COURT

    125 E. Center St. - Moab, UT 84532

  2. DOMESTIC VIOLENCE

    77-36-1

  3. DEFINITION

    "Domestic Violence" means any criminal offense involving violence or physical harm or threat of violence or physical harm, or any attempt, conspiracy, or solicitation to commit a criminal offense involving violence or physical harm, when committed by one cohabitant against another. This includes commission or attempt to commit the offense by one cohabitant against another. The Domestic Violence offense described is designated by law as a Class B Misdemeanor for a first offense.

  4. ENHANCEMENT OF PENALTY FOR SUBSEQUENT DOMESTIC VIOLENCE OFFENSES

    77-36-1.1

    A person is guilty of a Class A Misdemeanor upon a second charge of Domestic Violence as described above. The maximum penalty for a Class A Misdemeanor is (l) ONE YEAR IN JAIL AND (2) FINES AND ASSESSMENTS OF $2500.00.

    (l) When an offender is convicted of any domestic violence offense in Utah, or is convicted in any other state, or in any district, possession, or territory of the United States, of an offense that would be a domestic violence under Utah law, and is within a ten-year period after the conviction subsequently charged with a domestic violence offense that is a misdemeanor, the offense charged and the punishment for that subsequent offense may be enhanced by one degree above the offense and punishment otherwise provided in the statues described in Section 77-36-1.

    (2) For the purpose of this section, a plea of guilty or no contest to any qualifying domestic violence offense in Utah which plea is held in abeyance. Pleas in Abeyance, is the equivalent of a conviction, even if the charge has been subsequently reduced or dismissed in accordance with the plea in abeyance agreement.

  5. POSSIBLE CONSEQUENCES FOR THE CONVICTION OF DOMESTIC VIOLENCE

    l. Domestic Counseling
    2. Anger management class
    3. Loss of the right to possess a gun or deadly weapon
    4. Future enhancements.

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