77-36-2.7. Dismissal -- Diversion prohibited -- Plea in abeyance -- Order pending
trial.
(1) Because of the serious nature of domestic violence, the court, in domestic violence actions:
(a) may not dismiss any charge or delay disposition because of concurrent divorce or other
civil proceedings;
(b) may not require proof that either party is seeking a dissolution of marriage before instigation
of criminal proceedings;
(c) shall waive any requirement that the victim's location be disclosed other than to the
defendant's attorney, upon a showing that there is any possibility of further violence, and order the
defendant's attorney not to disclose the victim's location to his client;
(d) shall identify, on the docket sheets, the criminal actions arising from acts of domestic
violence;
(e) may dismiss a charge on stipulation of the prosecutor and the victim; and
(f) may hold a plea in abeyance, in accordance with the provisions of Chapter 2a, Pleas in
Abeyance, making treatment or any other requirement for the defendant a condition of that status.
(2) When the court holds a plea in abeyance in accordance with Subsection (1)(f), the case
against a perpetrator of domestic violence may be dismissed only if the perpetrator successfully
completes all conditions imposed by the court. If the defendant fails to complete any condition imposed
by the court under Subsection (1)(f), the court may accept the defendant's plea.
(3) (a) Because of the likelihood of repeated violence directed at those who have been victims
of domestic violence in the past, when any defendant is charged with a crime involving domestic
violence, the court may, during any court hearing where the defendant is present, issue an order,
pending trial:
(i) enjoining the defendant from threatening to commit or committing acts of domestic violence
or abuse against the victim and any designated family or household member;
(ii) prohibiting the defendant from harassing, telephoning, contacting, or otherwise
communicating with the victim, directly or indirectly;
(iii) removing and excluding the defendant from the victim's residence and the premises of the
residence;
(iv) ordering the defendant to stay away from the residence, school, place of employment of
the victim, and the premises of any of these, or any specified place frequented by the victim and any
designated family member; and
(v) ordering any other relief that the court considers necessary to protect and provide for the
safety of the victim and any designated family or household member.
(b) Violation of an order issued pursuant to this section is punishable as follows:
(i) if the original arrest or subsequent charge filed is a felony, an offense under this section is a
third degree felony; and
(ii) if the original arrest or subsequent charge filed is a misdemeanor, an offense under this
section is a class A misdemeanor.
(c) The court shall provide the victim with a certified copy of any order issued pursuant to this
section if the victim can be located with reasonable effort.
(4) When a court dismisses criminal charges or a prosecutor moves to dismiss charges against
a defendant accused of a domestic violence offense, the specific reasons for dismissal shall be recorded
in the court file and made a part of the statewide domestic violence network described in Section
78B-7-113.
(5) When the privilege of confidential communication between spouses, or the testimonial
privilege of spouses is invoked in any criminal proceeding in which a spouse is the victim of an alleged
domestic violence offense, the victim shall be considered to be an unavailable witness under the Utah
Rules of Evidence.
(6) The court may not approve diversion for a perpetrator of domestic violence.
Amended by Chapter 238, 2009 General Session
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Last revised: Thursday, May 28, 2009