EVERYONE DESERVES A SECOND CHANCE


SALT LAKE CITY CRIMINAL DEFENSE ATTORNEYS

EVERYONE DESERVES A SECOND CHANCE


SALT LAKE CITY CRIMINAL DEFENSE ATTORNEYS

DOMESTIC VIOLENCE IN THE PRESENCE OF A CHILD IN UTAH

Domestic violence in the presence of a child is charge that often accompanies other domestic violence charges. The law defines it as any time a person commits a crime of domestic violence "in the presence of a child," or "having knowledge that a child is present and may see or hear an act of domestic violence."

Because it is defined so broadly, police will often charge it simply because a child was inside the house when an act of domestic violence occurred, even if the child was asleep or in a completely different part of the house. Additionally, you can be given a separate charge for each child that was present.

Our lead trial attorney, Steven K. Burton, is a former prosecutor who has extensive experience in domestic violence cases. To speak with Steve or another skilled attorney, please call 801-970-2800 or email an attorney at Intermountain Legal today.

Penalties

In Utah, this offense is usually charged as a Class B misdemeanor. However, the charge may be enhanced to a third-degree felony if the underlying charge is an "aggravated" charge, such as aggravated assault, aggravated kidnapping, or homicide.

A conviction can have several consequences. The judge may impose fines, jail time, community service, domestic violence classes, and probation. Domestic violence convictions may also have indirect consequences such as causing you to lose your job and causing damage to your reputation. You may also lose your constitutional right to possess a firearm.

As a Class B misdemeanor, the recommended fine for domestic violence in the presence of a child is $1,940 for each separate charge. The judge does not have to follow the recommended fine amount, and may lower the amount or substitute community service. The possible jail time for a Class B domestic violence is 0 – 180 days in jail.

Contact a Dedicated Legal Team Today

An experienced domestic violence lawyer can evaluate your case and determine the best defense strategy for your situation.  Our lead attorney, Steven K. Burton, has extensive experience as both a prosecutor and defense attorney.  He has had great success defending domestic violence cases because he knows the ins and outs of the law and knows what strategies win a case and what strategies don’t. To hire a defense attorney at Intermountain Legal, call 801-970-2800.

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STEVEN K. BURTON

As a former prosecutor Steven gained an intimate knowledge of various Domestic Violence Courts, DUI courts and other criminal court programs and procedures. He has spent over 3,500 hours in court and has argued more cases than most attorneys do in a lifetime. For more on Steve's experience, click here.

JUSTIN PRATT

Attorney Justin S. Pratt handles all types of criminal cases, with an emphasis on DUI-related charges. He believes that someone who is charged with a crime deserves the specialized attention of an attorney who will protect his client's rights by taking the time to examine constitutional issues, important factual circumstances, and any other crucial factors that may be relevant to the case. For more on Justin's experience, click here.

MARK LAROCCO

Mark is skilled at dealing with all aspects of family law, including helping clients obtain modifications, enforce court orders, and achieve fair custody and support awards. Going through a painful divorce or a custody battle can be one of the most difficult times in someone’s life, and Mark is there to help every step of the way. For more on Mark's experience, click here.

JACKIE REIDELBERGER

Jackie is a skilled trial attorney and negotiator who specializes in criminal defense. Her work ethic and genuine concern for her clients has given her a reputation for outworking and out-preparing opposing attorneys so she can negotiate from a position of strength and fight the cases that need to be fought. Because she cares about her clients, she considers each client’s specific needs and concerns in order to reach the best possible outcome in their case. For more on Jackie's experience click here.

HAYLI DICKEY

Hayli is a skilled attorney who specializes exclusively in family law. She is known as a “spitfire” attorney but with a personable personality. Because of her excellent reputation and track record of success in Utah courts, she was heavily recruited by multiple law firms. She joined Intermountain Legal because of the firm’s dedication to giving personal attention to each client and to providing excellent legal representation in every case. For more on Hayli's experience click here.

STEVEN K. BURTON

As a former prosecutor Steven gained an intimate knowledge of various Domestic Violence Courts, DUI courts and other criminal court programs and procedures. He has spent over 3,500 hours in court and has argued more cases than most attorneys do in a lifetime. For more on Steve's experience, click here.

 
JUSTIN PRATT

Attorney Justin S. Pratt handles all types of criminal cases, with an emphasis on DUI-related charges. He believes that someone who is charged with a crime deserves the specialized attention of an attorney who will protect his client's rights by taking the time to examine constitutional issues, important factual circumstances, and any other crucial factors that may be relevant to the case. For more on Justin's experience, click here.

 
ELLY HENDRIKSEN

Elly is a skilled attorney who specializes in divorce and criminal law. Spending the majority of her career in the courtroom, Elly understands how to effectively advocate for her clients who find themselves in the toughest of situations. Elly has successfully guided clients through trials and difficult hearings in front of judges and commissioners, and has expertly negotiated cases through hundreds of hours of mediation. For more on Elly's experience click here.

 
MARK LAROCCO

Mark is skilled at dealing with all aspects of family law, including helping clients obtain modifications, enforce court orders, and achieve fair custody and support awards. Going through a painful divorce or a custody battle can be one of the most difficult times in someone’s life, and Mark is there to help every step of the way. For more on Mark's experience, click here.

 
MATTHEW BELL

Matthew's reputation as an attorney is one who thoroughly understands the law and diligently advocates to advance his client's interests. His practice primarily focuses on representing clients in family law matters. He has assisted hundreds of clients in divorce, custody, guardianship, and termination of parental rights cases. For more on Matthew's experience click here.

 
JACKIE REIDELBERGER

Jackie is a skilled trial attorney and negotiator who specializes in criminal defense. Her work ethic and genuine concern for her clients has given her a reputation for outworking and out-preparing opposing attorneys so she can negotiate from a position of strength and fight the cases that need to be fought. Because she cares about her clients, she considers each client’s specific needs and concerns in order to reach the best possible outcome in their case. For more on Jackie's experience click here.

 
HAYLI DICKEY

Hayli is a skilled attorney who specializes exclusively in family law. She is known as a “spitfire” attorney but with a personable personality. Because of her excellent reputation and track record of success in Utah courts, she was heavily recruited by multiple law firms. She joined Intermountain Legal because of the firm’s dedication to giving personal attention to each client and to providing excellent legal representation in every case. For more on Hayli's experience click here.