Title 77 - Utah Code of Criminal Procedure - Chapter 36 - Cohabitant Abuse Procedures Act - Section 2.6 - Appearance of defendant required -- Considerations by court. (Effective 7/1/2020)


Published: 2020-07-01

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Utah Code

Page 1

Effective 7/1/2020 Superseded 5/5/2021 77-36-2.6 Appearance of defendant required -- Considerations by court. (1) A defendant who has been arrested for an offense involving domestic violence shall appear

in person or by video before the court or a magistrate within one judicial day after the day on which the arrest is made.

(2) A defendant who has been charged by citation, indictment, or information with an offense involving domestic violence but has not been arrested, shall appear before the court in person for arraignment or initial appearance as soon as practicable, but no later than 14 days after the next day on which court is in session following the issuance of the citation or the filing of the indictment or information.

(3) At the time of an appearance under Subsection (1) or (2), the court shall consider imposing a pretrial protective order in accordance with Section 78B-7-803.

(4) Appearances required by this section are mandatory and may not be waived.