In Idaho, accusations of domestic abuse can lead to criminal charges and an Order of Protection against you. Violation of a protective order, if convicted, can lead to new criminal charges and even more jail time and fines in addition to sentences for the original charges. A protective order is a serious matter in this state.
If you are served with a Temporary Order of Protection, obey all the directives in the Order and contact an Idaho protective order lawyer to help you through the process.
Click to jump to the section:
- What is a Protective Order?
- How Does a Protective Order Work?
- How Long Does a Protective Order Last?
- What Happens If You Violate a Protection Order?
- How Much Jail Time for Violating an Order of Protection Idaho
- How Can I Get a Protective Order?
- Legal Help to Obtain a Protective Order
- Why Choose Sawtooth Defense Lawyers?
What is a Protective Order?
A protective order (restraining order) in Idaho is a court order that serves as notification to a person accused of abusing someone. Under state law, the recipient (the accused) must obey the directives of the court specified in the order. A protective order prohibits the abuser from various actions that present a threat to the safety or wellbeing of the victim or the victim’s family or other household members. Failure to comply with the order can result in criminal charges against the individual.
How Does a Protective Order Work?
The order serves as the formal legal notice of the court’s directives to restrict the public and private behavior of the perpetrator in the interest of protecting the victim. A protective order usually prohibits the recipient from:
- Being on the victim’s property.
- Abusing the victim or any member of his or her household.
- Having direct or indirect contact of any kind with the victim (by phone, mail, text, etc.).
- Harassing the victim or any member of their household.
- Vandalizing anything that belongs to the victim.
- Carrying a gun (in many cases).
How Long Does a Protective Order Last?
A temporary protective order is usually in effect until the next court hearing. The judge will typically determine at that hearing whether the circumstances compel the issuance of a permanent protective order. A permanent order is usually any length of time from two years or so up to a lifetime. The time length for a protective order depends on multiple factors:
- The nature of the abuse involved
- Whether the perpetrator has committed serious harm
- Whether children are impacted
- The likelihood of future abuse
- The perpetrator’s criminal history
- Numerous other considerations
What Happens If You Violate a Protection Order?
The state of Idaho handles charges of domestic abuse and other violence very strictly. A protective order violation can result in criminal charges leading to jail time and fines. The violation can also lead to convictions on additional criminal charges. Violating a protective order can further be a cause for being found in contempt of court, which may come with its own penalties, including jail time and fines.
As you can see, violating a restraining order in Idaho is a serious offense that can carry a significant sentence if you are convicted. So, if you are served with a temporary protective order, you need to obey the order and contact the best protective order lawyer Idaho has available to you for guidance.
How Much Jail Time for Violating an Order of Protection Idaho
These are the current potential penalties in Idaho for conviction of violating a protective order:
|Class of Violation:||Misdemeanor|
|How much jail time for violating a protective order:|
Up to one year in jail
|Fines for violating a protective order:|
Up to $5,000
|Additional consequences for a protective order violation:||Criminal record, potential difficulties in obtaining a job in your preferred field, issues obtaining housing in your preferred area, serious risk of enhanced sentencing if convicted of a similar offense in the future.|
How Can I Get a Protective Order?
The precise steps in the legal process for obtaining a protective order may vary between states, but basically, the steps to get a protective order granted include:
- You file a petition with the court for an Order of Protection.
- A judge examines the order.
- A Temporary Order of Protection is denied or granted.
- The perpetrator is served with a temporary order.
- A court hearing is scheduled.
- You attend the hearing and wait for the judge’s ruling.
You need to attend the hearing. If you do not attend, the temporary order will probably be allowed to expire, and it may be harder to obtain a protective order again in the future.
Legal Help to Obtain a Protective Order
An Order of Protection is a serious instrument for victims of abuse and for people who have been unfairly accused of abuse. If you need to get a protection order, or if you’ve been served with one, get help from an experienced Boise, Idaho, criminal defense lawyer as soon as possible.
Your lawyer will help you present the strongest possible case and ensure that all the necessary documents are filed without errors that can create serious issues in the process. Your protective order attorney will also represent you at the court hearing and advise you of additional things you need to do to protect yourself and your family, and your assets.
Why Choose Sawtooth Defense Lawyers?
You should not risk repeated abuse. Or, if you have been unfairly accused of abuse, you should not allow that to impact your life and future without a defense. In either case, we are here to provide you with a free legal consultation, including an assessment of your legal case and answers to all your questions about what to expect next.