How We Help Victims of Domestic Violence
For victims of domestic violence in Spanish Fork and the surrounding areas, The Schriever Law Firm offers compassionate and decisive legal assistance to help you regain safety and control. Our family law practice is uniquely equipped to handle the legal challenges of these difficult situations.
We can help you by:
- Securing protective orders. A protective order is a critical first step to ensure your immediate safety. We can guide you through the process of filing for a Civil Protective Order (CPO) and represent you in court to secure such an order, which legally restricts the abuser from contacting you or coming near your home, workplace, or children’s school.
- Navigating divorce and custody matters. Domestic violence is often a central issue in divorce and child custody disputes. We work to see that the abuse is correctly presented to the court. We aim to protect you and your children, fighting for legal and physical custody and seeking restraining orders to keep you safe during and after the legal process.
- Providing a supportive legal partnership. We understand the fear and emotional toll of domestic violence. Our team acts as a strong and empathetic advocate, providing a secure and confidential environment where you can discuss your situation openly. We manage the legal complexities so you can focus on healing and rebuilding your life, providing clear communication and a well-founded strategy.
What Is Domestic Violence in Utah?
In Utah, domestic violence is not a single crime but a classification of criminal offenses. According to Utah Code Section 77-36-1, an act is considered domestic violence if it is a criminal offense involving “violence or physical harm or a threat of violence or physical harm,” and it is committed by one “cohabitant” against another.
The legal definition is broad and includes a wide range of actions. The key components are the nature of the act and the relationship between the individuals involved.
Key Components of the Definition
Acts of violence or threat of violence: This includes any criminal offense that involves physical harm, violence, or the threat of physical harm or violence. The law provides a long list of specific offenses that fall under this umbrella, including:
- Assault or aggravated assault
- Harassment or stalking
- Criminal homicide
- Kidnapping or unlawful detention
- Sexual offenses
- Child abuse
- Threatening violence or the use of a dangerous weapon
- Criminal mischief (e.g., property damage)
- Violation of a protective order
The cohabitant relationship: The offense must be committed by one cohabitant against another. “Cohabitant” is legally defined and broader than just a spouse or romantic partner. It includes anyone who is 16 years of age or older and:
- Is or was a spouse.
- Is or was living as a spouse.
- Is related by blood or marriage (e.g., parent, grandparent, sibling).
- Has or had a child in common with the other party.
- Resides or has resided in the same residence.
Other Important Considerations
In the presence of a child: Utah law also has a specific offense for “domestic violence in the presence of a child.” This charge can be filed in addition to the underlying domestic violence offense if a child is physically present or if the abuser knows a child is present and may see or hear the act.
The severity of a domestic violence charge depends on the underlying criminal offense. For example, a simple assault against a cohabitant would be a misdemeanor, while a more severe offense like aggravated assault could be a felony. Subsequent domestic violence convictions can also lead to enhanced penalties.
Protective Orders in Utah Domestic Violence Cases
A protective order issued by the courts against an alleged abuser may include:
- No-contact provisions (in person, phone, text, email, or social media)
- Stay-away orders for your home, workplace, school, or other locations
- Exclusive possession of a shared residence
- Temporary child custody and parenting arrangements
- Orders for financial support
- Surrender of firearms and weapons
- Criminal penalties for any violations
Have You Been Falsely Accused of Domestic Violence?
Domestic violence allegations can be exaggerated, misrepresented, or false. These often occur when emotions run high, especially in cases where relationships have broken down, in divorce or separations, and child custody disputes.
If you have been falsely accused, we can:
- Conduct thorough investigations into the allegations
- Challenge unsubstantiated claims and present evidence in your favor
- Protect your parental rights, reputation, and freedom
- Negotiate for dismissals or reduced charges when appropriate
Act Now to Protect Yourself & Your Future
Domestic violence situations, whether you are a victim or have been falsely accused, require immediate attention and strong legal representation. Your safety, rights, and future are too important to risk.
The Schriever Law Firm offers a team-based approach in which you benefit from the combined knowledge and strategy of our highly experienced attorneys. Whether your case resolves quickly or goes to court, we can provide a robust evidence-based strategy to pursue optimum results.
Call or reach us online for a confidential case review with a Spanish Fork domestic violence attorney today.
