Salt Lake Criminal Defense Attorney Utah
Criminal Defense Attorney Stephen Howard
Call Criminal Defense Attorney in Utah
Call Utah Criminal Lawyer
Experienced Criminal Defense Attorneys / Former Prosecutors
Call 801-449-1409. We fight to protect your rights.
Utah Criminal Defense Lawyer Salt Lake City

Criminal Defense Solutions Start HereSM

Finding a Felony Defense LawyerChoosing a Misdemeanor Defense LawyerDrug and Alcohol Crimes Defense LawyerWhite Collar Defense Attorney for Utah ChargesAttorney for Expungements Reductions and PardonsDefendant Constitutional Rights Criminal LawyerBail and Bond Alternatives in UtahReasons for Hope Facing Criminal Charges

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. *** 

Utah Attorney for Jail Release AgreementsJail 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

Utah Criminal LawyerWhether 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.

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?

Best Rating
Make a Payment to Your Account
Get Help Now
Name: Email: Phone: Describe your legal needs here:
I accept the disclaimer below.
Disclaimer: No attorney-client relationship is established by the use of this form. Confidential or time-sensitive information should not be submitted through this form. By clicking 'submit' I am only requesting that I be contacted for the purpose of obtaining legal services.

This form protected by reCAPTCHA.

  • Selected Victories
  • Criminal Defense Trial AttorneyNot Guilty - Client was charged with aggravated assault for allegedly pointing handgun at and threatening another driver during a road rage incident. Defense investigation and analysis, combined with effective cross-examination at trial indicated the alleged victim was the initial aggressor and suported client's self-defense claim. Jury acquitted client at trial.
  • Drug Crimes Defense Attorney Utah Dismissed - Client was facing multiple cases involving first-degree felony drug distribution charges for allegedly selling to a confidential informant. Defense analysis of the case revealed fatal flaws in the prosecution case that ultimately resulted in a complete dismissal of all cases and charges.
  • Utah Expungement Attorney Expungement - Worked to restore client's expungement eligibility through 402 reduction process, then filed successful expungement petitions in multiple courts obtaining expungement orders and clearing client's official criminal history.
  • Utah Burglary Defense Attorney Not Guilty - Client was charged with second-degree felony residential burglary and facing potential prison time. Investigation by the defense revealed multiple witnesses, missed by police and prosecutors, who supported client's claim of innocence. At trial, the jury returned a "not guilty" verdict on all charges.
  • Recent Posts
  • What Constitutes Drug Parpahernalia in Utah How is drug paraphernalia defined in Utah? - The definition of drug paraphernalia under the Utah criminal code looks at both the nature of the object and also the intended use of the object in question. . . .
  • Utah Misdemeanor Attorney Salt Lake Can I handle a Utah misdemeanor from out-of-state? - Even if you do not intend to take your case to trial, a misdemeanor criminal offense in Utah can require multiple court appearances to reach a resolution. If you have been charged with a crime in Utah, but are not a Utah resident, an experienced criminal defense attorney may be able to help you resolve the case without returning to the state. . . .
Best Criminal Defense Strategy

You want the best defense. Agressive is good. But results ultimately are what really matter. Creating an effective strategy for defending against criminal prosecution requires a thorough understanding of statutes, case law, and evidentiary and procedural rules. A successful outcome is more likely when....

Strategy »
Salt Lake Criminal Defense Attorney Profile Utah

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 »
Conviction Consequences in Utah Criminal Prosecutions

Even a single misdemeanor conviction in Utah can result in extended jail time and substantial fines. The collateral consequences of a criminal conviction can last a lifetime. Whether you are facing misdemeanor prosecution in a justice court or more serious felony charges in the district court, obtaining advice and assistance from an experienced criminal defense attorney is....

Consequences »
Utah Criminal Defense Attorney - Reasons to Hope

Being charged with a crime is not the same as being convicted. But just being charged can affect more than you may have imagined - jail, job, family, bills, rent or mortgage. It can feel like everything has gone wrong, and may you wonder if anything can go right. But facing criminal prosecution does not mean giving up hope....

Reasons to Hope »
Home | Attorney Profile | Case Results | Criminal Code | FAQ | Legal Resources | Defense Strategy | Contact Us

Serving Salt Lake, Davis, Weber, Utah, Cache, Tooele, Summit, Box Elder, and Wasatch Counties, and all of Utah.

Attorney Stephen Howard practices as part of the Canyons Law Group, LLC and Stephen W. Howard, PC.

Offices in Salt Lake and Davis Counties
560 South 300 East, Suite 200, Salt Lake City, UT 84111
952 S. Main St., Suite A, Layton, UT 84041

Call now to arrange for a confidential initial consultation with an experienced and effective Utah criminal defense lawyer.

In Salt Lake City, call 801-449-1409.
In Davis County, call 801-923-4345.

Stephen W. Howard, PC

The materials in this website are intended for informational purposes only, and are not legal advice. Viewing or responding to materials in this site does not create an attorney-client relationship. Read Full Disclaimer.