Paul Horton: Violation of Protective Orders

Violating a protective order is a serious offense in the state of Utah. A protective order can only be granted where a Trier of fact finds that the petitioner is in an abusive environment, or is in imminent danger of being abused. If an abuser violates this order despite this finding, penalties are severe. Despite any justifications you may provide, violating a protective order can result in time in prison, expensive feeds, and additional charges on your record. Speaking with a criminal defense attorney can mean the difference between a felony and a misdemeanor.

Violation of Protective Orders Information Center

Violation of Protective Orders Defined
Penalties for Violating Protective Orders
More Information on Protective Orders

Violation of Protective Orders Defined

Utah Code §76-5-108 finds a person in violation of a protective order when he or she intentionally or knowingly violates the specific conditions of said order.

Penalties for Violating Protective Orders

Violating a protective order carries penalties which increase with the severity and frequency of the violation. Penalties for the first offense are classified as a class A misdemeanor punishable by up to one year in jail and/or up to $2,500 in fines unless a greater penalty is specified by 77-36.

Repeat violations may be increased to a third-degree felony punishable by up to five years in prison and/or $5,000 in fines.

More Information on Violating Protective Orders

Utah Code: Utah’s state site provides a complete list of statutes on violating protective orders.

Utah Courts: This state-run site offers request forms for protective orders and provides a domestic violence hotline for victims.

Modifications to the Sex Offender Registration: What You Need to Know

It is imperative that individuals, who have been convicted of a sex offense or another crime that requires him or her to register as a sex offender, properly register with the Utah Sex Offender Registry. Sex offenders also must be aware of any modifications to registration requirements as the requirements can change. For example, a conviction for possession of child pornography requires lifetime registration rather than a ten-year registration as used to be the case.

The Utah Legislature introduced a series of amendments to the sex offender registration requirements. The Amendments were sponsored by Senator Curtis S. Bramble (R) and signed into law on March 28, 2017.

The bill does the following:

It specifies that a court may accept a guilty plea only if it is in conformity with the sex offender registration statute;

It requires that if a court modifies a conviction for a sex or kidnapping offense, that the court must notify the Department; and

It allows the Department of Corrections to intervene in matters that affect a person’s registration requirements.

Polygamy in Utah, Exploitation of Underage Girls or Religious Freedom

In late February of 2017, in Salt Lake City, UT, hundreds of individuals gathered to protest Utah Governor Gary Herbert’s signing of a new law that increases the penalties for polygamists convicted of committing fraud or abuse.

The new law is part of a larger ongoing conversation about the criminalization of polygamy in the State. In Utah, polygamy has always been illegal, but the practice has come under stricter scrutiny when the State prosecuted a number of individuals who were part of a fundamentalist Mormon sect that engages in polygamist marriages, many of which involve underage girls.

The issue involves religious freedom versus protecting underage girls from abusive practices.

In 2013, a federal court declared a large part of Utah’s ban on polygamy unconstitutional, specifically rejecting the ban on cohabitation between underage girls and older men who are not related. Utah lawmakers, however, are fighting to reinstate the ban on cohabitation, citing the need for the State to protect underage girls and to prevent welfare fraud.