Avoiding Additional Charges in Utah Criminal Cases
Violating the Court’s Order on Contact
First, you should not have any contact or communication with your spouse if there is a protective order, pretrial no-contact order, jail release agreement, or any other order that prohibits contact or communication. Most often, this type of order will prohibit both direct and indirect (through another person or third party) contact or communication.
Prohibited communication can include face-to-face conversations, email, text messages, chat apps, written paper letters or notes, or any other act intended to pass information, messages, or questions to your spouse on your behalf.
The best criminal defense attorneys insist on fair courtroom procedures that respect clients’ rights.
Utah law establishes criminal penalties for even minor violations of any such order or release agreement, even if it is the “protected party” that initiates or encourages the contact. Prosecutors and judges take these charges seriously.
Witness Tampering or Obstruction of Justice
Second, if there is no legal order or other prohibition on communication, you should still be very cautious about the topics or subject matters of any communications with your spouse. Any communication relating to the facts of the case or even the procedural status of the case could potentially cause police or prosecutors to suspect witness tampering or obstruction of justice.
Good Legal Advice and Constitutional Protections
Marriage and relationships are subject to certain constitutional rights and protections. However, in domestic violence cases, courts have to balance these rights with the goal of protecting victims while also ensuring that the rights of the person charged are upheld.
A good attorney will talk with you about how your case can affect your job, education, family, and future.
Domestic violence charges in the criminal courts often run parallel to civil protective order cases and also divorce and/or child custody cases. Multiple courts, multiple judges, and multiple attorneys can create potential confusion. Having good legal advice can be critical to avoiding unintended consequences and additional criminal charges.
