Kaysville, UT asked in Criminal Law for Utah

Q: My husband hit my ex’s car window, now he’s being charged with disorderly conduct. Is getting an attorney worthwhile?

I was trying to speak to my ex husband about our children, and he disrespectfully rolled up his window while repeating, “I don’t care.” My husband approached the vehicle. He slapped the car window (open palm) to get my ex’s attention and asked him to listen to me. My ex then rolled the window down and began yelling at both of us to never touch his vehicle. My husband put his hands in the air and tried to reason with my ex. My ex (May have pretended) called the cops and lied saying my husband was trying to break into his vehicle. My ex then told my husband to walk away, which he did. My ex then said, “good boy!”

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2 Lawyer Answers
William Melton
William Melton
Answered
  • Criminal Law Lawyer
  • Taylorsville, UT
  • Licensed in Utah

A: It is always a good idea to consult with an attorney. Disorderly conduct can be charged as an infraction or as a misdemeanor. You should definitely at least speak to an attorney so they can advise your husband on the potential penalties of the charge. Having the disorderly conduct could come back to bite you if your ex ever tried to modify your custody.

Mike Branum agrees with this answer

Mike Branum
Mike Branum
Answered
  • Criminal Law Lawyer
  • Saint George, UT
  • Licensed in Utah

A: Consulting an attorney could be particularly important if the disorderly conduct charge carries a "domestic violence tag." There could be Second Amendment rights implications in the future under the federal Violence Against Women Act. A defense attorney may be able to negotiate a reduction or dismissal of the charges or arrange for the charges to be dropped down the road if your husband stays out of trouble.

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