Full text of Utah Utah Code § 77-36-2.7 — Dismissal -- Diversion prohibited -- Plea in abeyance -- Pretrial protective order., with citation guidance and answers to common questions.
Because of the serious nature of domestic violence, the court, in domestic violence actions:
(a)
may not dismiss any charge or delay disposition because of concurrent divorce or other civil proceedings;
(b)
may not require proof that either party is seeking a dissolution of marriage before instigation of criminal proceedings;
(c)
shall waive any requirement that the victim's location be disclosed other than to the alleged perpetrator's attorney and order the alleged perpetrator's attorney not to disclose the victim's location to the client;
(d)
shall identify, on the docket sheets, the criminal actions arising from acts of domestic violence; and
(e)
may hold a plea in abeyance, in accordance with the provisions of Chapter 2a, Pleas in Abeyance, making treatment or any other requirement for the alleged perpetrator a condition of that status.
(2)
When the court holds a plea in abeyance in accordance with Subsection (1)(e), the case against a perpetrator of domestic violence may be dismissed only if the perpetrator successfully completes all conditions imposed by the court. If the perpetrator fails to complete any condition imposed by the court under Subsection (1)(e), the court may accept the perpetrator's plea.
(3)
When an alleged perpetrator is charged with a crime involving a qualifying offense, as defined in Section 78B-7-801, the court may, during any court hearing where the alleged perpetrator is present, issue a pretrial protective order in accordance with Section 78B-7-803.
(4)
(a)
When a court dismisses criminal charges or a prosecutor moves to dismiss charges against an alleged perpetrator of a domestic violence offense, the specific reasons for dismissal shall be recorded in the court file and made a part of any related order or agreement on the statewide domestic violence network described in Section 78B-7-113.
(b)
The court shall transmit the dismissal to the statewide domestic violence network.
(c)
Any pretrial protective orders, including jail release court orders and jail release agreements, related to the dismissed domestic violence criminal charge shall also be dismissed.
(5)
The court may not approve diversion for a perpetrator of domestic violence.
Section 77-36-2.7 ("Dismissal -- Diversion prohibited -- Plea in abeyance -- Pretrial protective order.") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Utah § 77-36-2.7?
A common citation format is "Utah Code § 77-36-2.7" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Utah law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.
How does Utah § 77-36-2.7 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.
