Domestic Violence: Unlawful Detention

Unlawful Detention: Domestic Violence Attorneys

Unlawful Detention (Domestic Violence) Attorneys

Legal Definition:

Unlawful Detention (domestic violence) is the commission or attempt to commit unlawful detention by one cohabitant against another.

Unlawful Detention (Domestic Violence)

Utah Code §76-5-304 & Utah Code §77-36-1


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))

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))

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))

Other Criminal Charges

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.