From Argument to Arrest | Utah Defense Attorney Tip of the Week

One bad argument shouldn’t follow you for the rest of your life, but in Utah, it easily can. Before you pick up the phone in the heat of the moment, it’s important to understand how quickly a domestic dispute can turn into criminal charges.

What Doesn’t Work

Calling the police to “teach someone a lesson” or to win an argument. 

We get it, arguments happen. Tempers flare. Someone says something they shouldn’t have, and suddenly calling the police feels like a great way to win the moment.

Spoiler alert: it’s not.

Once police are involved, you lose control of the situation. Trying to explain later that “it wasn’t a big deal” or that you didn’t want charges pressed usually doesn’t matter. At that point, the case belongs to the State.

What Works

Knowing the consequences of involving the police in a family fight.

Utah domestic violence laws are extremely strict. If police are called to investigate a possible domestic violence report, they are required by law to determine the “predominant aggressor” in the situation.

Once they’ve determined this, they are supposed to arrest the predominant aggressor for any apparent charges of domestic violence. If they don’t make an arrest, they have to file a detailed report explaining why. 

Here’s what happens once you or someone in your family is arrested on domestic violence charges: 

The police will take you to jail, fingerprint you, and take your mug shot (which is posted online). You will be required to post bail and sign a no-contact order before you’re released. You will not be permitted to contact the other person or go anywhere near the house to get your property. You will have to find a hotel or somewhere else to stay until the no-contact order is lifted, which can take days, weeks, or even months.

When you go to court to face your domestic violence charges, you will need to hire an attorney and take time off work for your court dates. If you are lucky, you may be able to work out a deal to keep a conviction off your record (the mug shot and arrest record will still show up), but you may have to pay a fine and participate in domestic violence counseling. 

If you are unlucky, you will have a domestic violence conviction on your record, which will revoke your Second Amendment right to possess a gun and will show up when you are looking for a job, applying for school, or volunteering. You may also have to pay a court fine and be placed on probation.

Story Time

At Intermountain Legal, we recently represented a woman who smashed a family picture after she found out her husband was cheating on her. During the argument, the neighbors called the police, and she was arrested for domestic violence and criminal mischief (destruction of property). 

She was taken to jail, charged with a misdemeanor, and ordered to have no contact with her husband or children until the case was resolved. She hired me, and after several court dates, she narrowly avoided a conviction, and we eventually got the charge dismissed.

Serious domestic violence situations require immediate police intervention, and you should never hesitate to call the police if you or someone else is in physical danger. However, in our experience, many people call the police just to diffuse the situation or because they are angry, but they don’t realize the consequences of one phone call.

Enlist the Help of Intermountain Legal

If you or someone you care about is facing domestic violence charges, the decisions you make early on can have a lasting impact on your future.

At Intermountain Legal, we understand how quickly these situations escalate and how much is at stake. We work to protect your record, your rights, and your reputation, and we fight for the best possible outcome.

Don’t navigate this alone. Contact Intermountain Legal today to discuss your options and start building your defense.