Degree

Depending on the facts, disorderly conduct (domestic violence) can be charged as a class C misdemeanor or an infraction.

Elements

A defendant is guilty of a class C misdemeanor disorderly conduct (domestic violence) if, after being asked to desist, they refuse to comply with the lawful order of the police to move from a public place, or knowingly create a hazardous or physically offensive condition, by any act which serves no legitimate purpose; or intending to cause public inconvenience, annoyance, or alarm, or recklessly creates a risk thereof, they:

• engage in fighting or in violent, tumultuous, or threatening behavior;
• make unreasonable noises in a public place ;
• make unreasonable noises in a private place which can be heard in a public place;
• or obstruct vehicular or pedestrian traffic.

A defendant is guilty of a class C misdemeanor disorderly conduct (domestic violence) if, after being asked to desist, they refuse to comply with the lawful order of the police to move from a public place, or knowingly create a hazardous or physically offensive condition, by any act which serves no legitimate purpose; or intending to cause public inconvenience, annoyance, or alarm, or recklessly creates a risk thereof, they:

• engage in fighting or in violent, tumultuous, or threatening behavior;
• make unreasonable noises in a public place;
• make unreasonable noises in a private place which can be heard in a public place;
• or obstruct vehicular or pedestrian traffic.

Fine

Class C misdemeanor: A fine not to exceed $1,000, plus a 90% surcharge.
(Utah Code Ann. §76-3-301(1)(d), Utah Code Ann. §51-9-401)
Infraction: A fine not to exceed $750, plus a 35% surcharge.
(Utah Code Ann. §76-3-301(1)(e), Utah Code Ann. §51-9-401)

Restitution

The court may order the accused to pay restitution if convicted of this crime.
(Utah Code Ann. §77-38a-301)

Imprisonment

Class C misdemeanor: A term in jail not to exceed 6 months.
(Utah Code Ann. §76-3-204(2))
Infraction: No jail.
(Utah Code Ann. §76-3-205)

Bail

Because of the unique and highly emotional nature of domestic violence crimes, the high recidivism rate of violent offenders, and the demonstrated increased risk of continued acts of violence subsequent to the release of an offender who has been arrested for domestic violence, it was the finding of the Utah Legislature that domestic violence crimes, are crimes for which bail may be denied if there is substantial evidence to support the charge, and if the court finds by clear and convincing evidence that he alleged perpetrator would constitute a substantial danger to an alleged victim of domestic violence if released on bail.
(Utah Code Ann. §76-6-2.5(12))

Addition Sentence for Domestic Violence

In addition to penalties otherwise provided by law, the court may:

• Order defendant to participate in an electronic or other type of monitoring program; and/or
• Order defendant to pay all or part of the costs of counseling incurred by the victim and any children affected by or exposed to the domestic violence offense;

The court will:

• Order cost of any services or treatment provided to the victim and affected children of the victim; and
• Order the defendant to obtain and satisfactorily complete treatment or therapy in a domestic violence treatment program, that is licensed by Utah’s Department of Human Services, unless the court finds that there is no licensed program reasonably available or that the treatment or therapy is not necessary.
  (Utah Code Ann. §77-36-5(3)(4) and (5))

Firearms

A defendant convicted of disorderly conduct (domestic violence) may not posses, use or have control of a firearm or ammunition for life.
(18 U.S.C. §922(g)(9))

However, if a conviction of disorderly conduct is the result of a plea agreement in which the defendant was originally charged with any domestic violence offense, then this charge does not constitute a misdemeanor crime of domestic violence under 18 U.S.C. Section 921, and is exempt from the provisions of the federal Firearms Act, 18 U.S.C. Section 921. In short, defendant will not lose his right to own firearms.