Question: If I am the alleged victim in a Utah domestic violence case, how do I waive the no contact provisions of the defendant’s jail release agreement?
***Please note that the information on this page does not apply to protective orders or no contact orders entered by the court. This information applies only to jail release agreements entered under Utah Code 77-20-3.5 (as effective May 8, 2018). While these jail release agreements are commonly referred to as “domestic violence” jail release agreements, the requirements of Utah Code 77-20-3.5 can also apply to sex offenses and to offenses committed against a child or vulnerable adult. The information on this page should not be treated as legal advice. Readers should be aware that sections of the Utah Code are subject to change by the legislature and also subject to new or different interpretations by the courts. The legal consequences of violating a court order or jail release agreement can be serious. Consultation directly with an experienced attorney is strongly recommended before taking any action.***
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Jail Release Agreements
Utah Code 77-20-3.5 provides that a person arrested for a qualifying domestic violence offense can only be released from jail if the case has either been submitted to a magistrate, or the person arrested first signs a jail release agreement. The statute further restricts a magistrate’s authority to release a person arrested, prohibiting the court from releasing the arrested person prior to the initial court appearance unless the person agrees in writing or the magistrate orders as a condition of release that the arrested person comply with certain conditions under the statute.
Conditions of Release
Three conditions of a jail release agreement under Utah Code 77-20-3.5 include:
- no personal contact with the alleged victim;
- no threatening or harassing of the alleged victim; and
- not knowingly enter onto the premises of the alleged victim’s residence or any premises temporarily occupied by the alleged victim.
Penalties for Violation of Jail Release Agreement
Violating the terms of a jail release agreement may be punishable as a crime, separate and distinct from the charge on which the defendant was originally arrested. A violation can be charged either as a class A misdemeanor or as a third-degree felony.
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The level of the new charge is based on the level of the charge on which the defendant was arrested. If the original charge was a felony, then a violation of the jail release agreement may be filed as a third-degree felony. If the original charge was a misdemeanor, then the new violation will be charged as a class A misdemeanor.
Waiver of Release Conditions
The alleged victim has the option under Utah Code 77-20-3.5 of waiving certain conditions otherwise required under a domestic violence jail release agreement. The waiver must be made in writing, but is effective immediately when the waiver is made. Once the waiver has been executed, the waived conditions no longer apply to the arrested person.
The two conditions that may be waived by an alleged victim are:
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- no personal contact with the alleged victim; and
- not knowingly enter onto the premises of the alleged victim’s residence or any premises temporarily occupied by the alleged victim.
The remaining condition of a jail release agreement requires that the arrested person not threaten or harass the alleged victim. This condition cannot be waived by the alleged victim, but instead remains in force even if the other conditions have been waived.
Finding a Utah Criminal Attorney
Whether you are the person charged with a crime or the alleged victim, the assistance of an experienced attorney can be vital to successfully navigating Utah’s criminal courts. Contact us today to see how our criminal law team can help you.
