Utah Criminal Defense Attorney
The most common scenario for domestic violence is that of husband or wife physically abusing the other, but this offense in fact extends beyond physical abuse and beyond the marital relationship. As per statute domestic violence is defined as threats of or actual physical harm committed by between any two persons who are cohabiting. So not only is actual physical harm not allowed by the domestic violence statute but also the threat of physical harm, and the offense does not require any special relationship between the parties just that they reside in the same residence.
Domestic Violence – A Serious Offense
The Utah State Legislature considers domestic violence charges to be very serious and because of such they have prohibited courts from exercising some of their normal powers in domestic violence cases and making domestic violence an enhanceable offense. On top of the serious criminal charges that can be involved with domestic violence, there is also the possibility for a civil case.
Domestic Violence and Self Defense
In many domestic violence cases the person charged with the crime is not the actual aggressor of the incident. If one of the parties in a domestic violence case was simply acting in self defense to the other person’s actions they may be able to avoid the domestic violence charge under that defense. It is important for everyone involved with a criminal charge to remember that just because a person has been charged does not mean they are guilty.
St. George Attorney Ready to Help You
If you have been charged with domestic violence then it is time to contact an attorney. The lawyers at St. George Criminal Defense can help answer all of your questions and help establish a plan to protect your rights. Our attorneys understand domestic violence charges and know that each case is very different and needs special treatment. Our initial consultations are free and we would be happy to help you understand the legal process that awaits you. Call us today for more information.
