In Idaho, the crime of domestic violence occurs when a violent crime is committed against the accused person’s household member. It may be an ex or current spouse, a cohabitator, or the other parent of the accused person’s child, whether married to the accused or not. A domestic violence conviction carries large fines and jail time. If you are charged with this crime, you’ll need an experienced Idaho domestic violence defense attorney.
Committing domestic violence can also lead to the issuance by the court of a protective order that imposes multiple serious action requirements and restrictions on the accused person.
Before you discuss the situation with the police, you need to contact an experienced attorney for domestic violence defense as soon as possible to protect your rights and discuss your options.
Click to jump to the section:
- Domestic Violence Penalties in Idaho
- Temporary Protective Order
- What To Do If You are Charged with Domestic Violence?
- Contact the Top Domestic Violence Attorneys in Boise, Idaho
Domestic Violence Penalties in Idaho
Domestic battery resulting in a traumatic injury is a felony. The injury or wound need not be a serious one to be classed as traumatic. This crime is punishable by a maximum of 10 years in prison and a $10,000 fine. If there is not a traumatic injury, the crime is a misdemeanor.
- First conviction: Misdemeanor domestic assault or battery carries a maximum sentence of 6 months of jail time and a fine of up to $1,000.
- One prior conviction: A new conviction after committing the same crime (as above) within the past 10 years carries a sentence of 12 months of jail time and a fine of up to $2,000.
- Two prior convictions: With two prior convictions of this crime in the past 15 years, a new occurrence is a felony that carries 5 years in state prison and a fine of up to $5,000.
- If a child is present: Committing a domestic assault or battery while any child under age 16 is present doubles the maximum punishment. (Idaho Code 18-918).
As you can see, a charge of domestic violence puts your future at risk. It’s a dire legal predicament that requires the best lawyer for domestic violence you can get in Idaho to defend your rights and fight for your freedom.
Temporary Protective Order
The court may grant a temporary protective order (restraining order) if a petitioner claims that they fear that domestic violence might occur unless the order is issued. (Idaho 39-6303, 39-6304). The judge may issue a protective order for up to a year. In addition to prohibiting acts of domestic violence, the protective order may:
- Prohibit the respondent from contacting the petitioner.
- Require the respondent to relocate away from the marital home.
- Prohibit the respondent from going to places where the petitioner frequently goes.
- Award child custody to the petitioner or the respondent to the order.
- Require the respondent to receive counseling or other treatment.
- Other requirements the court finds necessary to prevent domestic violence.
Violation of a protective order is a misdemeanor punishable by a maximum of one year in jail and a fine of $5,000. (39-6306, 08, and 12)
What To Do If You are Charged with Domestic Violence
A conviction for domestic violence can cost you your freedom. Having a criminal record may prevent you from working in your desired field and can even prohibit you from renting a place to live. If a protective order is issued against you, it can cost you your parental rights, and it can dictate where you are allowed to live. So, if you have been arrested for domestic violence, you need to obtain a case evaluation from the best domestic violence attorney Boise, ID, offers.
To contact a lawyer, you can search “domestic violence attorney near me” or Sawtooth Defense Lawyers, Boise, ID. Your attorney will ensure that all your rights are fully protected, guide you throughout the legal process, and work to help ensure the best possible outcome for you.
Top Domestic Violence Attorneys – Sawtooth Defense Lawyers
We are criminal defense lawyers in Boise, Idaho. Our aggressive strategies have proven to be effective in defending our clients against domestic violence charges over our decades of practice. In various situations, we can get charges dropped entirely or significantly reduced.
