77-36-2.6. Appearance of defendant required -- Determinations by court.
(1) A defendant who has been arrested for an offense involving domestic violence shall
appear in person before the court or a magistrate within one judicial day after the arrest.
(2) A defendant who has been charged by citation, indictment, or information with an
offense involving domestic violence but has not been arrested, shall appear before the court in
person for arraignment as soon as practicable, but no later than 14 days after the next day on
which court is in session following the issuance of the citation or the filing of the indictment or
information.
(3) At the time of an appearance under Subsection (1) or (2), the court shall determine
the necessity of imposing a protective order or other condition of pretrial release including, but
not limited to, participating in an electronic monitoring program, and shall state its findings and
determination in writing.
(4) Appearances required by this section are mandatory and may not be waived.
Amended by Chapter 68, 2003 General Session
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Last revised: Thursday, May 28, 2009