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Domestic Violence: Custodial Interference


Custodial Interference: Domestic Violence Attorneys

Custodial Interference (Domestic Violence) Attorneys

Legal Definition:

Custodial Interference is a domestic violence offense under Utah Code §77-36-1.

Custodial Interference

Utah Code §76-5-303

Degree

Depending of the facts, custodial interference can be charged as a class B misdemeanor, class A misdemeanor, or 3rd degree felony.

Elements

A defendant commits a class B misdemeanor custodial interference, when they are entitled to custody of a child and during a time when another person is entitled to visitation or custody of the child, the defendant takes, entices, conceals, detains, or withholds the child, with the intent to interfere with the visitation or custody of the child.

A defendant commits a class A misdemeanor custodial interference, when they are entitled to custody of a child and during a time when another person is entitled to visitation or custody of the child, the defendant takes, entices, conceals, detains, or withholds the child, with the intent to interfere with the visitation or custody of the child. And, has been convicted of custodial interference at least twice in the 2 year period immediately preceding the day on which the commission of custodial interference occurred.

A defendant commits a 3rd degree felony custodial interference, when they are entitled to custody of a child and during a time when another person is entitled to visitation or custody of the child, the defendant takes, entices, conceals, detains, or withholds the child, with the intent to interfere with the visitation or custody of the child. And, defendant removes, causes the removal or directs the removal of the child from the State of Utah.

Fine

3rd degree felony: A fine not to exceed $5,000, plus a 90% surcharge.
(Utah Code Ann. §76-3-301(a)(b), Utah Code Ann. §51-9-401)
Class A misdemeanor: A fine not to exceed $2,500, plus a 90% surcharge.
(Utah Code Ann. §76-3-301(1)(c), Utah Code Ann. §51-9-401)
Class B misdemeanor: A fine not to exceed $1,000, plus a 90% surcharge.
(Utah Code Ann. §76-3-301(1)(d), Utah Code Ann. §51-9-401)

Restitution

The court may order the accused to pay restitution if convicted of this crime.
(Utah Code Ann. §77-38a-301)

Imprisonment

3rd degree felony: A term of imprisonment not to exceed 5 years.
(Utah Code Ann. §76-3-203(3))
Class A misdemeanor: A term in jail not to exceed 1 year.
(Utah Code Ann. §76-3-204(1))
Class B misdemeanor: A term in jail not to exceed 6 months.
(Utah Code Ann. §76-3-204(2))

Bail

Because of the unique and highly emotional nature of domestic violence crimes, the high recidivism rate of violent offenders, and the demonstrated increased risk of continued acts of violence subsequent to the release of an offender who has been arrested for domestic violence, it was the finding of the Utah Legislature that domestic violence crimes, are crimes for which bail may be denied if there is substantial evidence to support the charge, and if the court finds by clear and convincing evidence that he alleged perpetrator would constitute a substantial danger to an alleged victim of domestic violence if released on bail.
(Utah Code Ann. §76-6-2.5(12))

Addition Sentence for Domestic Violence

In addition to penalties otherwise provided by law, the court may:

  • Order defendant to participate in an electronic or other type of monitoring program; and/or
  • Order defendant to pay all or part of the costs of counseling incurred by the victim and any children affected by or exposed to the domestic violence offense;

The court will:

  • Order cost of any services or treatment provided to the victim and affected children of the victim; and
  • Order the defendant to obtain and satisfactorily complete treatment or therapy in a domestic violence treatment program, that is licensed by Utah’s Department of Human Services, unless the court finds that there is no licensed program reasonably available or that the treatment or therapy is not necessary.
    (Utah Code Ann. §77-36-5(3)(4) and (5))
DNA Specimen Analysis

A defendant convicted of a class A misdemeanor or 3rd degree felony custodial interference must provide a DNA specimen.
(Utah Code Ann. §53-10-403(2))

Firearms

A defendant convicted of a 3rd degree felony custodial interference may not posses, use or have control of a firearm or ammunition for life.
(18 U.S.C. §922(g)(9))


Other Criminal Charges

Learn more about crimes related to a Custodial Interference. If you have any questions, please feel free to call our office at (801) 505-1586.