When Police Are Called to a House
Utah Code 77-36-2.2 — on probable cause of domestic violence, an arrest or a citation
An officer responding to a domestic violence call with probable cause that an offense was committed arrests without a warrant, or cites, anyone the officer has probable cause to believe committed it.
Who handles this in Utah: Legal Aid Society of Salt Lake; and legal aid programs and the state offices, listed in the Utah directory.
- Where there is probable cause of continued violence, or evidence of a recent serious bodily injury or a dangerous weapon, the officer arrests and takes the person into custody, and a citation is not an option.
- Where both sides complain, the officer evaluates each complaint to find the predominant aggressor, weighing prior complaints, the injuries, the likelihood of future injury, and self defense.
- An officer may not threaten or suggest arresting everyone to discourage a call for help.
- The incident report is available to the victim on request at no cost.
Where there is probable cause, the agency submits the charge to the prosecutor within five business days after the offense, unless it has reasonable cause for the delay.
The Fourth Amendment draws its firmest line at the entrance to a home, and the Supreme Court of the United States has held where it falls in situations police meet at a door. Absent consent or exigent circumstances, officers may not enter a home without a warrant to make a routine felony arrest. Where one occupant consents to a search of a shared home and another who is physically present expressly refuses, the search is unreasonable as to the one who refused. And officers may enter without a warrant when they have an objectively reasonable basis for believing someone inside is seriously injured or imminently threatened with such injury. Those holdings are a floor: a state's own constitution and statutes can give more protection than they do, never less.
Sources for this section (4)
- 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
- Payton v. New York, 445 U.S. 573 (1980) — Warrantless entry into a home to make a routine arrest is barred
- Georgia v. Randolph, 547 U.S. 103 (2006) — A present occupant's refusal defeats another occupant's consent
- Brigham City v. Stuart, 547 U.S. 398 (2006) — Police may enter to render emergency aid
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Utah attorney.