Utah is one of 16 states with mandatory arrest laws for spouse abuse. Simply put, if you beat your wife - or husband - you go to jail.
The Cohabitant Abuse Procedures Act was slow getting off the ground. Passed by the 1990 Legislature, it was virtually ignored by Davis County, Salt Lake County and Salt Lake City for the remainder of that year.The act called for police officers to order the perpetrator of domestic violence out of the home for at least 24 hours. Legal advisers warned police departments that the order would be in violation of the perpetrator's constitutional rights.
The attorney general agreed, but the Utah Supreme Court ruled that a law must be enforced until the high court deems it unconstitutional. The court so far has ruled only on whether agencies could be forced to enforce the law but not on whether the law was constitutional.
Before the argument could be settled, the 1991 Legislature changed the law, making alterations to the controversial passages.
Basically, the law requires arrest if:
- The officer has probable cause to believe that there will be continued violence
- The suspect has recently caused serious bodily injury or
- The suspect used a dangerous weapon.
In certain cases, suspects may be released on bail if they agree to stay away from the victim and the victim's residence until close of the next court day.
The victim may waive the above no-contact order in writing.
The court may not dismiss charges at request of victim unless it has reasonable cause to believe that dismissal would benefit victim.
The court may hold a guilty plea in abeyance, requiring treatment for the defendant. Then, if the defendant successfully completes treatment and pays victim restitution fees, the charge could be dismissed.