Utah DV Jail Release
Agreement
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. ***
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.
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:
- 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 Defense 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.
RELATED QUESTIONS:
Can I be convicted of a
crime if the only evidence against me is my own confession?
What
happens if police fail to read me my Miranda rights after I am arrested?
Can
I refuse if police want to search my car?

The best outcome is more likely when the right strategy is employed. Developing the best strategy can require real courtroom experience, a thorough understanding of procedural and substantive legal issues, and a determination to ensure that important constitutional and other legal rights are protected. Choosing the right attorney....
Strategy
»

Defending against a criminal prosecution in Utah is a job that has to be done right the first time. Choosing the right attorney to defend you can be the most important decision you make. Our attorneys have extensive experience handling some of the most serious felony and misdemeanor charges on the books in Utah. No matter what charges you are facing, we can help....
Experience
»

In Utah, even a "minor" misdemeanor conviction carries the potential for jail time and significant fines. A felony conviction carries the potential of lengthy prison terms and the various consequences that come with being labeled as a convicted felon. Never plead guilty without first finding out....
Consequences
»