Multiple Violations of the Same Protective Order Grounds for Imprisonment

After having a prison sentence twice suspended in favor of probation for violating a protective order, a third violation of the same order and its resulting prison sentence is not unfair

State v. Moosman, 2017 UT App 11.

The Utah Court of Appeals affirmed a trial court’s sentence of imprisonment for a defendant’s repeated violation of a protective order. The defendant has had a protective order issued against him from contacting the mother of his child, but after two violations of that order which limited contact with the mother, he was placed on probation when his initial prison sentences were suspended. After the third violation of that order, the court revoked his probation and sentenced him to prison for his violations and after a recommendation from Adult Probation and Parole that he serve time in prison for his repeated offenses. The Court of Appeals rejected the defendant’s appeal, finding that there was nothing inherently unfair in the prison sentence and that the trial court was well within its discretion in issuing the sentence. All things considered, including multiple violations of the order and the recommendation by Adult Probation and Parole, the term of imprisonment was fair and affirmed by the Court of Appeals.

https://www.utcourts.gov/opinions/appopin/State%20v.%20Moosman20170112.pdf