Domestic violence charges in Utah carry serious firearm restrictions. Learn how these laws could impact your rights.
Understanding Domestic Violence Gun Laws in Utah
Branson West Law
Individuals convicted of certain domestic violence offenses are prohibited from possessing firearms under both state and federal law. This prohibition applies to misdemeanor and felony convictions related to domestic violence.
There are different types of firearm restrictions for domestic violence cases. From the moment a person is charged and released from custody, they are considered a restricted person by domestic violence gun laws in Utah.
These restrictions apply at various stages of a domestic violence case, and understanding them is important for anyone involved in such legal matters.
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The Four Types Of Firearm Restrictions For Domestic Violence Cases
When charged with domestic violence in Utah, individuals face four main types of firearm restrictions. Each type depends on the specifics of the case.
If an individual is arrested for domestic violence-related charges and subsequently released from jail, there may be conditions imposed upon their release. These conditions often include restrictions on firearm possession.
For example, as a condition of release, the court may order the individual to surrender any firearms they possess or prohibit them from obtaining firearms during the period of release. This immediate restriction ensures that the accused cannot pose a further threat while awaiting trial.
A pretrial protective order is a court order issued before the end of a trial or legal proceedings. In cases involving domestic violence allegations, a judge may issue a pretrial protective order to protect the alleged victim from further harm.
This order can include provisions restricting the defendant's access to firearms. If the court determines that there is a risk of harm to the victim, the defendant may be required to surrender any firearms they own or refrain from purchasing or possessing firearms for the duration of the order.
A permanent protective order, also known as a long-term protective order, is issued after a hearing where evidence shows the need for ongoing protection against domestic violence. If the court grants a permanent protective order, it may include firearm restrictions.
The order can extend for several years and may require the respondent (the individual against whom the protective order is issued) to surrender existing firearms or prohibit the purchase of new firearms. In some cases, the protective order can extend beyond the probation period for the petitioner's continued protection.
In cases where a defendant is convicted of domestic violence offenses, the court may impose a sentencing protective order as part of the sentencing process. Similar to pretrial and permanent protective orders, a sentencing protective order will include restrictions on firearm possession.
The court may order the defendant to surrender any firearms they possess or prohibit them from obtaining firearms during the protective order period. However, the protective order is typically in place only during the sentencing period and expires once the sentence is complete.
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Frequently Asked Questions
There are various penalties associated with a domestic violence charge. The worst consequences of a criminal charge like domestic violence, unfortunately, are long-lasting and personal. A domestic violence charge on your criminal record can make it nearly impossible to find a well-paying job. Many countries consider domestic violence a felony, so international travel will be difficult if not impossible. Additionally, a domestic violence charge can change the way your family and friends view you and may lead to isolation or other social problems.
A protective order may be issued in cases of domestic violence and keeps the two parties separated to prevent any possibility of violence. Protective orders can affect custody and carry serious consequences if violated.
If a protective order has been issued in response to the domestic violence charge, you will not be able to return to the home where the incidence took place as you are prohibited from being near the victim. There are a variety of ways you can retrieve personal belongings, such as with a police escort or retrieval by a third party. A domestic violence lawyer can talk you through the options and help you decide which is the best course of action for your particular case.
Once a case is made, it is not possible to withdraw it. A victim's request to drop charges can improve the outcome of your case, however. It takes a talented domestic violence lawyer to be able to turn a case like this in favor of the accused as judges may be skeptical of a victim's change of heart. Branson West has handled many cases where the victim no longer wishes to pursue criminal charges and has turned the case around favorably for his client.
Spousal privilege protects married couples in court proceedings as it states that spouses cannot be compelled to testify against each other in a criminal trial. An additional marital privilege defined in Utah law states that all private spousal communications are confidential. These privileges can give leverage to a couple that is fighting unwanted domestic violence charges.
The Long-Term Impact of Domestic Violence Convictions on Firearm Rights
