Domestic Violence in the Presence of a Child
Domestic violence affects everyone involved. An aggressor may face legal repercussions as well as a social stigma. In addition, victims may suffer physical and emotional harm. However, there is a third party that may also be affected by domestic violence—children.
Many individuals fail to consider the long-lasting emotional damage that can befall children who have witnessed domestic violence. Children who have witnessed violent acts in the home are more likely to show behavioral problems in school and in the home.
In Utah, acts of domestic violence committed in the presence of children are taken especially seriously. Penalties accompanied with this offense are severe and can put a defendant’s freedom in question. Overcoming these cases requires the knowledge of a skilled attorney.
Salt Lake County Domestic Violence in the Presence of a Child Defense Attorney
Susanne Gustin is one of Utah’s well-known criminal defense attorneys. She has litigated a number of cases which have received national recognition. Susanne Gustin has more than 30 years of experience successfully defending clients against some of the most egregious violent crimes.
If you have been charged with domestic violence in the presence of a child, you need an attorney who can work with you to examine the details of your case, and find the best solution for your circumstances. Call Susanne Gustin Attorney at Law at (801) 243-2814 to plan your first free consultation.
This firm services clients in Salt Lake City, Davis County, West Valley City, West Jordan, Layton, Bountiful, and surrounding areas.
Domestic Violence in the Presence of a Child Information Center
- What constitutes domestic violence in the presence of a child?
- Can this offense be combined with a domestic violence offense?
- What are the legal consequences of a conviction?
- What are some resources for domestic violence?
Utah Code §76-5-1-109.1 states an individual commits domestic violence in the presence of a child when he or she does any of the following:
- Commits or attempts to commit criminal homicide against a cohabitant in the presence of a child;
- Intentionally causes serious bodily injury to a cohabitant or uses a dangerous weapon or other means or force likely to produce death of serious bodily injury against a cohabitant, in the presence of a child; or
- Under circumstances not amounting to a violation of the aforementioned acts, commits an act of domestic violence in the presence of a child.
As of May 12, 2009, Utah Code §76-5-109.1 was amended to charge domestic violence in the presence of a child as a separate crime in addition to a domestic violence charge where the victim is a cohabitant. A prosecutor may choose to file one charge or two separate charges.
In addition, if an individual commits domestic violence in the presence of more than one child, separate charges may be filed for each child present during the act.
Domestic violence committed in the presence of a child carries serious consequences. Utah penalizes those convicted of this offense with a third-degree felony if it results in homicide or serious bodily injury, or with a class B misdemeanor if circumstances do not amount to homicide or serious bodily injury.
For offenses categorized as third-degree felonies, penalties for a conviction are up to five years imprisonment, and/or up to $5,000. For class B misdemeanors, punishment is up to six months jail time, and/or up to $1,000 in fines.
Domestic Shelters– This organization provides information on local domestic violence shelters and support groups for victims of domestic violence.
Child and Family Services– This state sponsored site provides information on support groups and shelters for domestic violence victims. It also gives information on how to spot domestic abuse.
Susanne Gustin Attorney at Law Salt Lake City Violence in the Presence of a Child Defense Lawyer
If you have been arrested for domestic violence in the presence of a child, or for any other domestic violence offense, contacting a skilled criminal defense attorney should be your next step. Your future depends on your actions today.
Call Susanne Gustin Attorney at Law at (801) 243-2814 to speak with a defense attorney who will fight for you. This firm serves clients in Salt Lake County, Davis County, Sandy, Taylorsville, South Jordan, Riverton, Clearfield, and surrounding areas.