State Codes and Statutes

Statutes > Utah > Title-77 > Chapter-36 > 77-36-2-7

77-36-2.7. Dismissal -- Diversion prohibited -- Plea in abeyance -- Pretrialprotective order pending trial.
(1) Because of the serious nature of domestic violence, the court, in domestic violenceactions:
(a) may not dismiss any charge or delay disposition because of concurrent divorce orother civil proceedings;
(b) may not require proof that either party is seeking a dissolution of marriage beforeinstigation of criminal proceedings;
(c) shall waive any requirement that the victim's location be disclosed other than to thedefendant's attorney and order the defendant's attorney not to disclose the victim's location to theclient;
(d) shall identify, on the docket sheets, the criminal actions arising from acts of domesticviolence;
(e) may dismiss a charge on stipulation of the prosecutor and the victim; and
(f) may hold a plea in abeyance, in accordance with the provisions of Chapter 2a, Pleas inAbeyance, making treatment or any other requirement for the defendant a condition of that status.
(2) When the court holds a plea in abeyance in accordance with Subsection (1)(f), thecase against a perpetrator of domestic violence may be dismissed only if the perpetratorsuccessfully completes all conditions imposed by the court. If the defendant fails to completeany condition imposed by the court under Subsection (1)(f), the court may accept the defendant'splea.
(3) (a) Because of the likelihood of repeated violence directed at those who have beenvictims of domestic violence in the past, when any defendant is charged with a crime involvingdomestic violence, the court may, during any court hearing where the defendant is present, issuea pretrial protective order, pending trial:
(i) enjoining the defendant from threatening to commit or committing acts of domesticviolence or abuse against the victim and any designated family or household member;
(ii) prohibiting the defendant from harassing, telephoning, contacting, or otherwisecommunicating with the victim, directly or indirectly;
(iii) removing and excluding the defendant from the victim's residence and the premisesof the residence;
(iv) ordering the defendant to stay away from the residence, school, place of employmentof the victim, and the premises of any of these, or any specified place frequented by the victimand any designated family member; and
(v) ordering any other relief that the court considers necessary to protect and provide forthe safety of the victim and any designated family or household member.
(b) Violation of an order issued pursuant to this section is punishable as follows:
(i) if the original arrest or subsequent charge filed is a felony, an offense under thissection is a third degree felony; and
(ii) if the original arrest or subsequent charge filed is a misdemeanor, an offense underthis section is a class A misdemeanor.
(c) (i) The court shall provide the victim with a certified copy of any pretrial protectiveorder that has been issued if the victim can be located with reasonable effort.
(ii) The court shall also transmit the pretrial protective order to the statewide domesticviolence network.

---

(d) Issuance of a pretrial or sentencing protective order supercedes a written jail releaseagreement or a written jail release court order issued by the court at the time of arrest.
(4) (a) When a court dismisses criminal charges or a prosecutor moves to dismiss chargesagainst a defendant accused of a domestic violence offense, the specific reasons for dismissalshall be recorded in the court file and made a part of the statewide domestic violence networkdescribed in Section 78B-7-113.
(b) The court shall transmit the dismissal to the statewide domestic violence network.
(c) Any pretrial protective orders, including jail release court orders and jail releaseagreements, related to the dismissed domestic violence criminal charge shall also be dismissed.
(5) When the privilege of confidential communication between spouses, or thetestimonial privilege of spouses is invoked in any criminal proceeding in which a spouse is thevictim of an alleged domestic violence offense, the victim shall be considered to be anunavailable witness under the Utah Rules of Evidence.
(6) The court may not approve diversion for a perpetrator of domestic violence.

Amended by Chapter 384, 2010 General Session