Unlawful Detention (domestic violence) is a class B misdemeanor.
The accused is guilty of unlawful detention (domestic violence) if they intentionally or knowingly, without authority of law, and against the will of the victim, detains or restrains the victim under circumstances not constituting a violation of: kidnapping; child kidnapping; or aggravated kidnapping.
A fine not to exceed $1,000, plus a 90% surcharge.
(Utah Code Ann. §76-3-301(d), Utah Code Ann. §51-9-401)
The court may order the accused to pay restitution if convicted of this crime.
(Utah Code Ann. §77-38a-301)
2nd degree felony: A term of imprisonment not to exceed 6 months.
(Utah Code Ann. §76-3-204(2))
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))
In addition to penalties otherwise provided by law, the court may:
The court will:
A defendant convicted of unlawful detention (domestic violence) may not posses, use or have control of a firearm or ammunition for life.
(18 U.S.C. §922(g)(9))
Learn more about crimes related to Unlawful Detention (Domestic Violence). If you have any questions, please feel free to call our office at (801) 505-1586.