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Roger, Lawyer
Category: Criminal Law
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Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I am a mother and my children are my whole life. Im being

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I am a mother and my children are my whole life. I'm being charged with domestic violence in the presence of a minor (two counts) My husband and I got in a very heated argument and it got way out of hand. He tried to physically restrain me and I and lashed out and hit him several times. I also tipped over our T.V. and broke it. We believe this is all due largely in part to the fact that I had not consistently taken my medication for depression. Right now I am engulfed in depression and complete pain. I want to know what the likely outcome will be for me. Will I got to Jail? Will I lose my children? I can't function right now because my children are my whole world and this is such a terrible feeling. Please help me know what will likely happen and what I should do.
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Roger replied 5 years ago.

Hi - my name is XXXXX XXXXX I'm a Criminal Law litigation attorney here to assist you.


You should not go to jail over this as such an offense is generally a class A misdemeanor. The more likely result is probation, a fine and possibly anger management classes.


The law on this is Utah Code Ann. § 76-5-109.1 (Commission of domestic violence in the presence of a child), which says:


"Presence of a child" means in the physical presence of a child; or having knowledge that a child is present and may see or hear an act of domestic violence.


The offense of domestic violence in presence of a child constitutes a class A misdemeanor.


A person is guilty of 3rd degree felony for two sub-types, 1) criminal homicide against a cohabitant in the presence of a child; or 2) intentionally causes serious bodily injury to a cohabitant or uses a dangerous weapon, or other means or force likely to produce injury against a cohabitant, in the presence of a child.


Expert:  Roger replied 5 years ago.
A class A misdemeanor carries a penalty of up to 1 year in jail and a fine up to $2,500. However, as I said, a small fine and probation is much more likely.
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