Utah Code » Title 77, Chapter 36 — Cohabitant Abuse Procedures Act

Utah Code § 77-36-2.2

Powers and duties of law enforcement officers to arrest -- Reports of domestic violence cases -- Reports of parties' marital status

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The primary duty of law enforcement officers responding to a call regarding a domestic violence offense is to protect the victim and enforce the law.
In addition to the arrest powers described in Section 77-7-2, when a peace officer responds to a call regarding a domestic violence offense and has probable cause to believe that a domestic violence offense has been committed, the peace officer shall arrest without a warrant, or issue a citation to, any individual that the peace officer has probable cause to believe has committed a domestic violence offense.
If the peace officer has probable cause to believe that there will be continued violence against the alleged victim, or if there is evidence that the perpetrator has either recently caused serious bodily injury or used a dangerous weapon in the domestic violence offense, the officer shall:
arrest and take the alleged perpetrator into custody; and
may not utilize the option of issuing a citation under this section.
If a peace officer does not immediately exercise arrest powers or initiate criminal proceedings by citation or otherwise, the officer shall notify the victim of the right to initiate a criminal proceeding and of the importance of preserving evidence, in accordance with the requirements of Section 77-36-2.1.
If a law enforcement officer receives complaints of domestic violence offenses from two or more opposing persons, the officer shall evaluate each complaint separately to determine who the predominant aggressor was.
If the officer determines that one person was the predominant aggressor, the officer need not arrest the other person alleged to have committed a domestic violence offense.
In determining who the predominant aggressor was, the officer shall consider:
any prior complaints of a domestic violence offense;
the relative severity of injuries inflicted on each person;
the likelihood of future injury to each of the parties; and
whether one of the parties acted in self defense.
A law enforcement officer may not threaten, suggest, or otherwise indicate the possible arrest of all parties in order to discourage any party's request for intervention by law enforcement.
A law enforcement officer who does not make an arrest after investigating a complaint of a domestic violence offense, or who arrests two or more parties, shall submit a detailed, written report specifying the grounds for not arresting any party or for arresting both parties.
A law enforcement officer who does not make an arrest shall notify the victim of the right to initiate a criminal proceeding and of the importance of preserving evidence.
A law enforcement officer responding to a complaint of a domestic violence offense shall prepare an incident report that includes:
the officer's disposition of the case; and
the results of any lethality assessment completed in accordance with Section 77-36-2.1.
The incident report shall be made available to the victim, upon request, at no cost.
If there is probable cause that a domestic violence offense was committed, a law enforcement agency shall submit the appropriate charge for the offense to the prosecuting agency within five business days after the day on which the domestic violence offense occurs, unless the law enforcement agency has reasonable cause for the delay.
Each law enforcement agency shall, as soon as practicable, make a written record and maintain records of all incidents of domestic violence reported to the law enforcement agency.
Each incident shall be identified by a law enforcement agency code for domestic violence.