If you are experiencing an emergency, call 911.
To report a non-emergency crime in Kaysville, contact Kaysville Dispatch at 801-546-1131.

Experiencing a crime can be life-changing. It can affect not only victims but also witnesses, families, and entire communities. The Kaysville Police Victim Services Program is here to help ensure victims are treated with dignity, respect, and compassion, and to ensure your rights are upheld.

We are here to support you, answer your questions, and help you find resources that fit your needs. Our goal is to alleviate the stress that often accompanies navigating the legal process and to provide support that addresses the emotional, physical, and financial impacts of a crime.

Our advocate can assist with:

• Safety planning and emotional support
• Updates on cases during both the investigation and prosecution stages
• Referrals to counseling, medical care, shelters, and community programs
• Assistance with protective orders and preparing for court

Contact Information:

• Main Line: 801-497-7120
• Email: jwinchester@kaysville.gov
• Address: Kaysville Police Department, 80 N Main St, Kaysville, UT 84037

Availability: Monday through Thursday by appointment. Please call to arrange a meeting in person or by phone.

As a Certified Safe at Home Program Assistant, I can also help you enroll in Utah’s Safe at Home Program, which provides a substitute address and mail forwarding to increase your safety in cases of domestic violence, stalking, sexual assault, human trafficking, or other situations where using your actual address could put you at risk (safeathome.utah.gov).

If you’re looking for 24/7 domestic violence crisis assistance, contact Safe Harbor Crisis Center:
• 24/7 Helpline: 801-444-9161
• Website: https://safeharborhope.org

Your rights as a victim or witness of a crime are important. The following is a summary of your rights as a victim of crime:

•   The right to be treated with dignity, respect, courtesy, and sensitivity

•   The right to be heard at sentencing

•   The right to be informed of court dates and case updates

•   The right to give input to any resolution or plea negotiation

•   The right to request restitution and reparations for any losses incurred

•   The right to be present for all critical hearings

•   The right to an explanation as to legal proceedings and plea negotiations

Informational rights are based upon the request of the victim. The victim must provide updated contact information of the person to whom the information should be provided to the criminal justice agencies involved in the case. The victims’ rights listed are summarized from the Utah State code §77-37-3. Refer to the code for exact and complete language.

Victims/witnesses of crime who believe their rights have been violated should complete a complaint form on https://crimevictim.utah.gov/victim-rights/ or by contacting the Utah Council on Crime at 1-800-621-7444 or contact an advocate for additional assistance. 

If you have been impacted by crime, you are not alone. Our program offers support, information, and advocacy for victims and witnesses of the following crime types:

• Adult Sexual Assault
• Adult Sexually Abused/Assaulted as Children
• Child Sexual Abuse
• Domestic Violence
• Stalking and Harassment
• Child Physical Abuse or Neglect
• Homicide and Attempted Homicide
• Assault and Aggravated Assault
• Robbery
• Kidnapping
• Human Trafficking
• Elder Abuse and Exploitation
• Financial Crimes and Fraud
• Burglary and Property Crimes
• Vehicular Crimes Involving Injury or Death
• Other crimes not listed that meet Utah Code

VINE is a free, confidential service that provides automated phone, text, or email updates about an offender’s custody status, such as release, transfer, or escape. These alerts can help victims take extra safety precautions if needed. Anyone can register for this service, and you can choose to stop notifications at any time.

How to Register:
Call 1-866-277-7477 or visit www.vinelink.com to sign up. You can choose to receive notifications by phone, email, and/or text.

Crime Victim Reparations (CVR)

If you were physically or emotionally injured because of a crime, you may be eligible for financial help with certain expenses. Family members or dependents of deceased victims may also qualify.

May cover:

• Medical or mental health treatment
• Lost wages
• Burial costs
• Medically necessary devices (eyeglasses, hearing aids)
• Repair of damaged home security devices
• Loss of support to dependents

Not available for identity theft, property crimes, or “hit and run” cases.

Apply:

• Online: crimevictim.utah.gov
• Call: 801-238-2360
• Email: crimevictims@utah.gov

Applications are reviewed in the order received and may take up to 60 days to process. For help applying, contact the Kaysville Victim Services Program.

A Jail Release Agreement is a temporary court order issued when someone is arrested for certain crimes, including domestic violence, sexual offenses, or crimes against children or vulnerable adults. It is intended to help protect victims immediately after an arrest and remains in effect until the person’s first court appearance or as otherwise specified by law.

Standard Conditions:
The arrested person must agree to:

1. No contact or communication with you, directly or indirectly (phone, text, email, social media, or through another person)
2. No threats or harassment of any kind
3. No entry into your home or anywhere you are staying, except one civil standby with law enforcement to collect personal belongings (you will be notified before this happens)

Waivers:
You may choose to waive the no-contact or no-entry conditions in writing at the arresting police department. The no-threat condition cannot be waived.

• If the victim is a minor, a parent or guardian cannot waive these conditions without court approval if the child was injured, called for emergency help, or reported being threatened.

Penalties for Violations:

• Felony arrest: Violation is a third-degree felony
• Misdemeanor arrest: Violation is a Class A misdemeanor
  Violations are separate crimes in addition to the original charge.

Expiration:
By Utah state code, a JRA automatically expires at midnight after the earliest of:

• The arrested person’s first scheduled court appearance
• The day the prosecutor formally declines to file charges
• 30 days from the date of arrest or citation

Civil Protective Orders & Stalking Injunctions

If you’ve experienced violence, threats, stalking, abuse, or harassment, Utah law offers different types of civil protective orders and injunctions designed to increase your safety. These orders are court-issued and can restrict an individual from contacting you, approaching you, or engaging in harmful behaviors. A victim advocate can help you understand which type may apply and walk you through the process of filing.

Types of Civil Protective Orders and Injunctions

Each type of order has specific eligibility criteria and protections. Below is a breakdown of the most common options in Utah:

Cohabitant Abuse Protective Order

• For victims who have lived with the offender (e.g., spouses, partners, roommates).
• Requires recent abuse or threats of abuse.
• May include no contact, removal from home, temporary custody, and firearms restrictions.
• The respondent must be age 16 or older.

Dating Violence Protective Order

• For victims 18 or older who are or were in a dating relationship with the offender but never lived together or had children together.
• Cannot be requested by or against minors.
• Requires recent abuse or threats of abuse.

Sexual Violence Protective Order

• For victims of sexual violence who do not have a qualifying relationship with the offender (i.e., not a cohabitant or dating partner).
• Can be filed whether or not criminal charges have been filed.
• The offender must be at least 18 years old.

Child Protective Order

• Protects children under 18 who are victims of abuse or are at risk.
• Must be requested by a parent/guardian or the Division of Child and Family Services (DCFS).
• May include no contact, supervised visits, or temporary custody provisions.

Stalking Injunction

• For anyone (adult or minor with help from a parent/guardian) who has experienced two or more incidents of stalking, such as following, surveillance, or threats.
• No specific relationship with the offender is required.

Workplace Violence Protective Order

• Must be filed by an employer (not the employee directly).
• For cases involving threats, violence, or property damage at the workplace.
• Intended to protect the workplace and employees from future harm.

How to File for a Protective Order or Injunction

You can apply in person or online:

• In Person: Davis County District Court
  800 W. State Street, Farmington, UT 84025

• Online: https://mycase.utcourts.gov/MyCaseWEB/MyPaperworkRegistration
  MyPaperwork helps you prepare court forms by guiding you through a series of questions. After creating an account and answering the prompts, the system generates the paperwork you need. Once completed, you can file the documents with the court in person, by mail, or by email.

After You File: Each type of order follows a slightly different process. Here's what you can expect based on the kind of order you’re requesting.

For Protective Orders:

• Ex Parte Order (Temporary Order)
  If the judge determines there is immediate danger, they may issue an Ex Parte Temporary Protective Order. This order will be sent to the local sheriff’s office for service, provided the respondent is located in Utah.
• Service of the Order
  Law enforcement will serve the protective order and the notice of hearing to the respondent. The order becomes legally enforceable only after it is served. It is not active prior to service.
• Court Hearing (Typically Within 21 Days)
  A court hearing is scheduled where both you and the respondent will be expected to appear. You (or your attorney) will have the opportunity to present evidence supporting your request to make the order permanent.
• Final Protective Order Issued or Denied
  If the judge grants the order, the final protective order may remain in effect for up to three years, depending on the type of order issued.

For Stalking Injunctions:

1. Petition Filed and Reviewed by a Judge

A judge reviews the petition. If there’s reasonable evidence of stalking, they may issue a Temporary (Ex Parte) Civil Stalking Injunction.

2. Service of Temporary Injunction

The injunction is valid and enforceable immediately upon service by law enforcement or another authorized person.

3. Respondent’s Right to Request a Hearing

The respondent has 20 days from the date of service to file a request for a hearing. The hearing is not automatic and only occurs if the respondent requests it.

4. If No Hearing Is Requested

If the respondent does not request a hearing, the court finalizes the injunction without a hearing.

5.  If a Hearing Is Requested

A hearing is scheduled, and both sides may present information. The judge will then determine whether to issue a Final Civil Stalking Injunction.

Utah’s Voluntary Firearm Safekeeping Program allows victims of domestic violence or those in fear of domestic violence to transfer their firearms to law enforcement for safekeeping temporarily.

• To participate, a person must complete a Voluntary Firearm Safekeeping Form, available from any law enforcement agency.
• Law enforcement will take possession of the firearm and store it for up to 60 days, during which time the person can obtain a protective order or take other legal action to
   ensure their safety.
• If the person does not take action within 60 days, law enforcement may return the firearm to the person, but only after confirming that it is safe to do so.

The Kaysville Police Department is committed to supporting all victims of crime, regardless of immigration status. One potential resource available to some victims is the U Visa, created through the Victims of Trafficking and Violence Protection Act (VTVPA) of 2000. This federal program is designed to provide temporary legal status to victims of certain crimes who have experienced mental or physical abuse and are helpful in the investigation or prosecution of the criminal activity.

What is the U Visa?

The U Visa (U nonimmigrant status) allows eligible victims of qualifying crimes to remain in the United States temporarily while assisting law enforcement or other government officials in the investigation or prosecution of those crimes.

Who is Eligible?

An applicant may qualify for a U Visa if they meet the following criteria:

• Are the direct or indirect victim of a qualifying criminal activity.
• Have suffered substantial physical or mental abuse as a result of the crime.
• Have been, are being, or are likely to be helpful to law enforcement or other officials in the investigation or prosecution of the crime.
• The crime occurred in the United States or violated U.S. law.

For more details, including a list of qualifying criminal activities, visit the USCIS Victims of Criminal Activity: U Nonimmigrant Status webpage.

Requesting Certification

If the Kaysville Police Department investigated a qualifying crime and you would like to request law enforcement certification (Form I-918, Supplement B), please contact the Victim Services Program for guidance. Our advocate can help explain the process and assist you in connecting with the appropriate department contact for review of your certification request.

Contact Information

For questions about U Visas or to request assistance:

Kaysville Police Department – Victim Services Program
Phone: 801-497-7120
Email: jwinchester@kaysville.gov

Kaysville’s Victim Services program provides support from the time a report is made, through the investigation phase, and into the court process. During an open investigation, the advocate can assist with safety planning, case updates, victim rights information, and referrals to support services.

If charges are filed in Justice Court, the Kaysville City advocate continues to provide support throughout the case. If charges are filed in District Court, the advocate helps ensure a smooth transition by connecting the victim with the prosecutor-based advocate assigned to the case. Regardless of where a case is handled, victim advocates remain available to help throughout the entire process.

Criminal cases are handled in either Justice Court or District Court, depending on the severity of the charges. The information below outlines which cases go to which court, what to expect during the process, and how advocates can help.

Please note: The court process can take time. It’s common for cases to involve multiple hearings, delays, or periods with no immediate updates. This can be frustrating and emotionally exhausting, but you are not alone. Advocates are available throughout the process to provide guidance, updates, and support.

Justice Court Overview:

The Justice Court handles Class B and C misdemeanors and infractions. Examples include:

• Simple assault
• Criminal mischief
• Domestic violence (Class B or below)
• Trespassing
• Theft under $500
• Disorderly conduct

General Court Process: The following steps outline the general progression of a criminal case once charges are filed, though each case may vary based on circumstances and court decisions.

• Arraignment: The defendant appears in court and enters a plea.
• Pretrial Hearings: The court may hold one or more pretrial hearings to discuss resolution or set a trial.
• Trial: If no resolution is reached, the case may proceed to trial before a judge or jury.
• Sentencing: If the defendant is found guilty or enters a plea, the judge imposes sentencing.

District Court Overview

The District Court handles class A misdemeanors and felony-level charges. Examples include:

• Protective order violations
• Stalking
• Aggravated assault
• Domestic violence causing serious injury
• Child abuse
• Sexual assault
• Burglary and other felonies

General Court Process: The following steps outline the general progression of a criminal case once charges are filed, though each case may vary based on circumstances and court decisions.

• Initial Appearance: The defendant is formally charged in court.
• Preliminary Hearing: A judge decides if there is enough evidence for the case to move forward.
• Arraignment: The defendant enters a plea.
• Pretrial Hearings: The court may address legal motions, discuss plea agreements, or set the case for trial.
• Trial: If no resolution is reached, the case may proceed to trial before a judge or jury.
• Sentencing: If the defendant is found guilty or accepts a plea agreement, the judge imposes sentencing.

Criminal Protective Orders

A Criminal Protective Order is issued by a judge during a criminal case, usually at the prosecutor’s request. These orders are only available in certain types of cases, such as domestic violence or other crimes involving threats, harm, or safety concerns.

They may include:

• No-contact provisions
• Stay-away conditions (such as from your home, work, or school)
• Other safety measures

Criminal Protective Orders are legally enforceable and separate from civil protective orders. Only a judge can issue, change, or cancel them — and they may be ordered even if the protected person doesn’t request one.

If you don’t feel the order is necessary, you can speak with the advocate from the prosecutor’s office. They can explain your options and help you understand the process if you’d like to address it with the court.

Victim Advocate Support

Victim advocates provide the support in both courts:

• Explain the court process and what to expect
• Provide updates on court dates and case status
• Assist with preparing and submitting victim impact statements
• Assist with understanding and requesting restitution for financial losses
• Offer emotional support, safety planning, and service referrals
• Attend court with the victim or coordinate updates if the victim does not attend
• Facilitate communication with the prosecutor

Frequently Asked Questions

Do I have to attend court?
No. You are not required to attend court unless you receive a subpoena. A subpoena is a legal order requiring you to appear. If you choose to attend or are subpoenaed, an advocate can attend with you or help you prepare. If you don’t attend, they can still keep you informed.

Can I speak with the prosecutor or judge?
Advocates can help you communicate your input to the prosecutor. In some cases, you may also be able to speak with the judge, typically during sentencing or bail hearings depending on the court.

Can I drop the charges?
No. Criminal charges are filed and prosecuted by the State. While you cannot drop the charges, your voice still matters. Advocates can help you share your perspective.

Will I have to testify?
Not always. Many cases are resolved through plea agreements. If testimony is needed, the prosecutor and advocate will help you prepare and support you through the process.

What is a plea agreement?

A plea agreement is when the defendant pleads guilty in exchange for a certain outcome (like reduced charges or a specific sentence), avoiding trial.

What is a Victim Impact Statement?
A Victim Impact Statement gives you the opportunity to explain how the crime has affected your life. It can be written or read aloud during sentencing.

What is Restitution?
Restitution is money the judge may order the defendant to pay you for losses related to the crime, such as damaged property, medical expenses, or counseling. Advocates can help you understand what qualifies and assist with documentation.

What is Crime Victim Reparations (CVR)?
CVR is a separate state program that may help cover expenses such as medical treatment, therapy, relocation, or funeral costs. An advocate can help with the application.

If you’ve experienced sexual assault, we understand how difficult and overwhelming this time may be. This guide outlines what may happen next, the support available to you, and how we can help you navigate the legal system and prioritize your safety.

Initial Report

A patrol officer will respond to ensure immediate safety and gather essential information. The officer will ask when and where the assault occurred, a brief description of what happened, and whether the incident falls within Kaysville’s jurisdiction. This is not a full interview, and you will not be asked to go into detail at this stage.

If the assault occurred within the last 7–10 days, the officer or advocate will also explain your option to receive a free, confidential Sexual Assault Nurse Examiner (SANE) exam. This exam is voluntary and offers medical care and evidence collection, if you choose.

Follow-Up Interview & Support

Within a few days of your report, a Kaysville Police Department victim advocate will contact you to:

• Offer emotional support
• Provide information and updates
• Assist with safety planning
• Help schedule an interview with a detective
• Guide you through available resources

Kaysville’s program is law enforcement-based, which means some information you share may be provided to detectives or prosecutors as part of the investigation. Advocates will explain this clearly and work to ensure you feel supported and informed.

In-Depth Interview and Investigation

A detective will follow up to gather additional information and may:

• Conduct interviews
• Collect physical or digital evidence
• Coordinate with forensic nurses or labs
• Review SANE exam reports
• Identify and contact witnesses

The KPD advocate will also attend the interview and remain in contact to offer support and updates as the case progresses.

Prosecutor Review and Charges

When the investigation is complete, the detective will meet with a prosecutor to determine if there is enough evidence to file criminal charges. The prosecutor will:

• Review reports, statements, and evidence
• Decide what charges, if any, can be filed under Utah law
• Notify you of the outcome

If charges are filed, you will work with a prosecutor’s office advocate for court updates and preparation. If charges are not filed, your advocate can still help you understand your options and provide continued support.

Frequently Asked Questions

Do I have to get a SANE exam to report?
No. The exam is optional and provides medical care and evidence collection. It’s most effective within 144 hours (6 days), but it is not required to report an assault.

Where can I get a SANE exam?

• Ask a Kaysville officer or advocate to connect you with the Safe Harbor Forensic Nurses
• Call Safe Harbor Crisis Center: 801-444-9161 or https://safeharborhope.org
• Visit any hospital ER — they can coordinate the exam

What if the assault happened a long time ago?
You can report at any time. Some sexual offenses have time limits, but others do not. We will help you understand how the law applies in your case.

What if I don’t want to press charges?
That’s okay. You can still get support, make a report for documentation, or explore your options without committing to prosecution.

Can I talk to someone first?
Yes. You can speak with an advocate before deciding whether to make a report.

What if I was drinking or using drugs?
You can still report. Being under the influence does not mean you consented. The focus is on what happened to you, not what you were doing.

Can I get a protective order?
Yes, in some cases. A victim advocate can help you determine eligibility and walk you through the process if it’s right for you.

Will the person who assaulted me be arrested?
Not always. It depends on the evidence, the investigation, and legal requirements. If an arrest is made, we will notify you and talk about safety planning.

What’s the difference between Kaysville Victim Services and Safe Harbor Crisis Center?

Kaysville Victim Services helps victims after a report is made to police. We offer safety planning, case updates, and support throughout the investigation and court process. Safe Harbor Crisis Center is a separate, community-based organization offering confidential shelter, counseling, and legal help. Many survivors work with both programs, depending on their individual needs.

When a report of child abuse is made, it can be a very difficult and uncertain time. If your child has disclosed physical or sexual abuse, we understand how overwhelming this process may feel. This guide offers a brief overview of what may happen next and the support available to help you navigate each step. You don’t have to go through this alone.

Initial Report

A patrol officer will respond to ensure your child’s immediate safety and gather basic details, such as what was disclosed, when it occurred, and whether there are urgent concerns. Officers do not typically conduct in-depth interviews with children. If there are visible injuries or a recent sexual assault, the officer may consult with a detective about referring your child for a medical exam.

After the Initial Report

Once the report is taken, the case may be assigned to a detective for follow-up. A caseworker from the Division of Child and Family Services (DCFS) may also contact you. (Please note: DCFS involvement is based on state criteria and is not determined by the Kaysville Police Department.) Depending on the case, your child may be referred for a forensic interview and/or medical exam. These interviews typically take place at the Children’s Justice Center (CJC), but DCFS or law enforcement may also arrange them at other locations if needed.

Forensic Interview at the Children’s Justice Center (CJC)

If you're asked to bring your child to the CJC, the goal is to ensure they are interviewed in a child-friendly, trauma-informed setting. This process is designed to:

• Understand what happened in a safe, non-leading way
• Reduce trauma to your child and family
• Help you navigate the legal system
• Connect your family to support services

The Criminal Justice Process

Once a report has been made and the investigation begins, here’s a general outline of what may follow:

• Report Made: Suspected abuse is reported to DCFS or law enforcement
• Forensic Interview: A child may be interviewed at the CJC or another location coordinated by DCFS or law enforcement
• Support Referrals: Families may be offered counseling or medical care
• Investigation: The detective speaks with other individuals and collects evidence
• Case Screening: The County Attorney reviews the case to determine whether charges can be filed
• Court Process: Charges may be filed or declined, depending on available evidence

Key Roles in the Process

• DCFS Caseworker: Assesses child safety and offers family support
• Detective: Leads the investigation and works with the prosecutor
• CJC Victim Advocate: Supports your family during the CJC process
• KPD Victim Advocate: Offers support, case updates, and assistance with protective orders and other resources
• Prosecutor: Reviews evidence and decides on criminal charges
• Prosecutor-Based Advocate: Provides support and updates if charges are filed

Coping with Emotional Reactions

Children and caregivers often experience a wide range of emotional responses after abuse. Common reactions may include:

• Nightmares, trouble sleeping, or changes in appetite
• Clinginess or reverting to earlier behaviors (e.g., bedwetting)
• Mood swings, anger, or withdrawal
• Anxiety, fearfulness, or new behavior challenges

How You Can Help Your Child Cope

• Reassure them it wasn’t their fault and that they did the right thing by telling
• Stay calm and consistent; keep routines as normal as possible
• Avoid pressuring them to talk about it
• Connect to services such as medical care or counseling early
• Use your  support system—you don’t have to carry this alone
• Consider therapy: Individual and family counseling can help everyone move forward

Frequently Asked Questions (FAQ)

What should I tell my child about going to the CJC?
You can say: “We’re going to a place where safe grown-ups help kids talk about things that might be hard to talk about. It’s okay to tell them what you told me (or your teacher, etc.).”

Can I be with my child during the interview?
No. The interview is done one-on-one with a trained forensic interviewer so your child can speak freely in a safe, neutral space.

Who should come with us?
A parent or guardian—unless they are the alleged offender—should accompany the child. The interview may take up to two hours, especially if a medical exam is also scheduled. Please arrange childcare for any other children not being interviewed.

Will I know what my child says?
The detective will talk with you afterward to explain what they can share and discuss what comes next.

How should I act around my child before the interview?
Stay calm and supportive. Avoid asking them questions about the abuse. Let them know they are safe and loved.

Will the interview be traumatic?
The CJC process is designed to be child-focused and trauma-informed. The staff are trained to speak to children in age-appropriate and supportive ways.

What to Expect After Reporting Domestic Violence

If you’ve experienced domestic violence and made a report, we understand this can be a confusing and overwhelming time. This guide explains what may happen next and outlines the support available to help you navigate the legal process and prioritize your safety.

Initial Law Enforcement Response

When domestic violence is reported, a police officer will respond to ensure your immediate safety, document what occurred, and determine whether there is probable cause to make an arrest.

• If an arrest is made: The suspect may be taken to jail and held until they sign a Jail Release Agreement (JRA) or until the case is reviewed by a prosecutor.
• If no arrest is made: The case may be referred to a detective for follow-up or submitted to the prosecutor’s office for screening.

Jail Release Agreements (JRAs)

Utah law requires individuals arrested for domestic violence, child abuse, vulnerable adult abuse, or sexual offenses to meet certain conditions before being released from jail. They must either:

• Have the case reviewed by a prosecutor, or
• Sign a Jail Release Agreement (JRA)

Most JRAs include:

• No personal contact with the victim
• No entry into the victim’s home or residence
• No threats or harassment (this condition cannot be waived)

You may choose to waive the first two conditions in writing, but threats and harassment are never allowed. JRAs expire at midnight on the day of the defendant’s first court hearing.

Criminal Protective Orders (Post-JRA)

A Criminal Protective Order is issued by a judge during a criminal case, usually at the prosecutor’s request. These orders are only available in certain types of cases, such as domestic violence or other crimes involving threats, harm, or safety concerns.

They may include:

• No-contact provisions
• Stay-away conditions (such as from your home, work, or school)
• Other safety measures

Criminal Protective Orders are legally enforceable and separate from civil protective orders. Only a judge can issue, change, or cancel them, and they may be ordered even if the protected person doesn’t request one.  If you don’t feel the order is necessary, reach out to Kaysville Victim Services. We can explain your options and help you understand the process if you’d like to address it with the court.

Civil Protective Orders

Even if no charges are filed, you may qualify for a Civil Protective Order. These orders can offer:

• No-contact provisions
• Temporary custody of children
• Orders to vacate the home
• Return of personal property
• Stay-away zones (home, work, school)

The Criminal Court Process

Most domestic violence cases are handled in Justice Court (misdemeanors). Cases involving serious injury, weapons, or felony-level conduct may be filed in District Court.

Steps in the process:

1. Arrest and JRA or Held in Jail
2. Case Screening by Prosecutor
3. Charges Filed (if applicable)
4. Arraignment – The defendant enters a plea
5. Pretrial Conferences – Attorneys negotiate or prepare for trial
6. Trial or Plea Agreement
7. Sentencing or Dismissal

You are not required to attend court, but if you choose to, an advocate can help you prepare, attend with you, or keep you informed if you decide not to go. If your case moves to District Court, the Kaysville advocate will coordinate with the county prosecutor’s advocate to ensure a smooth transition. For more details on the differences between Justice and District Court, see the Justice and District Court section of this guide.

Safety Planning

Safety planning helps reduce risk and prepare for unsafe situations. It can be useful whether you are:

• Still in the relationship
• Planning to leave
• Already left

A safety plan may include:

• Emergency contacts and safe places
• Code words for trusted friends or family
• Steps to stay safe at work, school, or in public
• An emergency bag with essentials
• Digital safety strategies

Kaysville Victim Services can help you build a personalized safety plan. You can also find tools at www.thehotline.org/plan-for-safety.

Victim Rights and Services

As a victim of crime in Utah, you have the right to:

• Be treated with fairness, dignity, and respect
• Be informed about key court proceedings
• Seek safety and protection
• Request restitution
• Apply for financial help through Crime Victim Reparations (CVR)

Kaysville Police Victim Services provides:

• Case updates and help understanding police/prosecutor decisions
• Protective order assistance
• Referrals to shelter, therapy, or legal help
• Safety planning and risk assessments
• CVR application support
• Court and hearing support
• Help with firearm safekeeping or return processes

If you haven’t been contacted by an advocate and need support, please reach out directly. You don’t have to navigate this alone.

Frequently Asked Questions

Can I press charges or drop them?
No. Charges are filed by the prosecutor, not the victim. Your input still matters and can be shared through a victim advocate.

What if I want the charges dropped?
Only the prosecutor can make that decision. An advocate can help you express your wishes and concerns.

Do I have to attend court?
No. You are not required to attend court unless you receive a subpoena. A subpoena is a legal order requiring you to appear. If you choose to attend or are subpoenaed, an advocate can attend with you or help you prepare. If you don’t attend, they can still keep you informed.

Will I have to testify?
Not always. Many cases are resolved with plea agreements. If you do need to testify, your advocate and the prosecutor will support you.

What is a plea agreement?
A plea agreement is when the defendant pleads guilty in exchange for a certain outcome (like reduced charges or a specific sentence), avoiding trial.

Can I speak with the prosecutor or judge?
Advocates can help you communicate your input to the prosecutor. In some cases, you may also be able to speak with the judge, typically during sentencing or bail hearings, depending on the court.

What if I no longer want to be involved?
The case will still move forward. Advocates can help you explore your options and safety.

What’s the difference between Kaysville Victim Services and Safe Harbor Crisis Center?

Kaysville Victim Services helps victims after a report is made to police. We offer safety planning, case updates, and support throughout the investigation and court process. Safe Harbor Crisis Center is a separate, community-based organization offering confidential shelter, counseling, and legal help. Many survivors work with both programs based on their needs.

The Kaysville Police Department believe strongly in the rights of victims and has made the resources below available to help assist you.