Legal Question in Family Law in Utah

So my wife received a domestic violence charge years ago and recently DCFS got a refferal for her that turned out to be false and they dropped the case but the judge decided to order her to take domestic violence classes for the charge from years ago, with no new incidents since then. Is the order to take the classes double jeopardy because the case from years ago was already resolved? This is in UT.


Asked on 11/12/15, 7:56 am

1 Answer from Attorneys

Brian Jackson Brian K. Jackson, LLC

It depends if the case was dismissed with out without prejudice. If it was dismissed without, the state can revisit the case, it it's without they can't. Without is just setting aside the case, but it allows them to refile if new information comes up. Did the judge just tell her to take the class without talking to the prosecutor? I'd have to see the circumstances and the basis for why a judge would order that.

Read more
Answered on 11/15/15, 4:02 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Utah