Idaho Family Law on Domestic Violence

Crimes involving family and other trusted people are often difficult to understand. Home is supposed to be a safe place. Once domestic violence takes place, victims can feel like there’s no haven from their abusers. To help, Idaho has laws in place to protect those who need assistance in escaping their tormentors.

Domestic violence can destroy both families and relationships. It’s not surprising that abuse convictions affect divorce proceedings and child custody determination. This article will examine the definition of domestic violence under Idaho law, show how it can enhance penalties, and alert you to the protections available. Read on for a better understanding of domestic violence under Idaho family law.

Idaho Family Law on Domestic Violence – Identifying Domestic Violence

Not all crimes qualify as domestic violence. Classification requires the fulfillment of two distinct elements. People in close and personal relationships must have certain abusive acts occur between them. The best way to understand what comprises domestic violence is to examine each requirement one at a time.

Domestic Violence and Idaho Family Law – Family Members, Household Members, and Dating Partners

Regardless of what offense is committed, domestic violence can’t happen between strangers. As the name indicates, the abuse takes place between people who are an integral part of each other’s lives. Idaho refers to them as family members, household members, and people in a dating relationship. They are:

• Spouses
• Former spouses
• People who live together
• People who have lived together
• People with a child in common
• Family by consanguinity (blood relatives)
• Family by adoption
• Family by marriage
• People in a dating relationship together (a social relationship of a romantic nature)
• People who were in a dating relationship together

The court will decide if a dating relationship is serious enough to qualify. It takes into account factors such as the nature of the relationship, the duration of their bond, and how often the couple sees each other. Casual acquaintances don’t qualify. It’s a crime if a coworker assaults you, but not domestic violence.

For some, domestic violence is associated with the image of a bruised and battered spouse cowering in front of their enraged abuser. While that’s a type of domestic violence, it’s far from the only type of abuse inflicted. Domestic violence crimes focus on power and control. This is reflected by the offenses eligible for domestic violence classification under Idaho family law:

• Causing a physical injury or physical harm
• Causing any forced imprisonment
• Committing any sexual abuse
• Threatening or putting someone in fear of imminent physical harm, sexual abuse, or forced imprisonment

Intimidation and fear are a large part of how an abuser attempts to maintain dominance over a victim. By making threats of abuse as well as the acts themselves domestic violence offenses, Idaho law offers potential relief. Certain powerful protections are available for victims of domestic violence.

Idaho has a separate offense for violent acts of domestic abuse. The domestic violence statute covers misdemeanor domestic assault, misdemeanor domestic battery, and felony offenses between family members, household members, and those in a dating relationship. The penalties for repeat offenders include rapid escalation or punitive measures:

• Domestic Assault or Battery – First Conviction (misdemeanor): Up to six months in jail and a fine of up to $1,000
• Domestic Assault or Battery – Second Conviction Within 10 Years (misdemeanor): Up to one year in jail and a fine of up to $2,000
• Domestic Assault or Battery – Third Conviction Within 15 Years (felony): Up to five years in prison and a fine of up to $5,000
• Felony Domestic Battery (inflicting a traumatic injury): Up to 10 years in prison and a fine of up to $10,000

If any act of domestic violence takes place in the presence of a minor child younger than 16, the maximum available penalties are doubled. Any sentence for domestic violence may include an evaluation to determine if the abuser must attend counseling or treatment programs at their expense.

If you’re being abused or are in fear of imminent abuse, call 911. Idaho law enforcement receives specialized training for domestic violence calls. If your abuser is facing charges of domestic violence, you can ask the prosecuting attorney for a criminal no-contact order. This orders the abuser to stay away from you and places like your home, school, and workplace. They also can’t contact you.

Idaho Family Law on Domestic Violence – Programs and Protections

While victims of domestic violence can feel hopeless, there are both programs and people ready to help them. Let’s learn about what’s available.

Idaho Domestic Violence Protection Orders

An effective way of preventing further domestic abuse is by keeping the abuser away from the victim. One method of accomplishing this is through an Idaho domestic violence protection order. These court orders are applied for by victims and can address a number of issues that include temporary child custody, living arrangements, and much more.

Victims can start the application process for a restraining order by filling out a petition from the court clerk in the magistrate division of the district court. They can also file with the assistance of a domestic violence advocate. These experts are familiar with the process and can make things much easier. An Idaho domestic violence attorney is also a tremendous resource.

A temporary ex parte protection order can provide immediate relief. It lasts for 14 days or until a court hearing. At a court hearing, both the petitioner (victim) and the respondent (abuser) can tell their side of the story, call witnesses, and present evidence. If the court believes the respondent is an ongoing danger to the petitioner, a final protection order is issued. It lasts up to a year.

Idaho domestic violence protection orders consist of provisions tailored to the needs of the victim. For example, a couple in a dating relationship without children wouldn’t have a child custody provision. While available provisions vary between temporary and final orders, some conditions are frequent inclusions:

• Forbidding the respondent (abuser) from committing acts of domestic violence against the petitioner (victim)
• Ordering the respondent to vacate a shared dwelling
• Awarding temporary custody of minor children
• Ordering one or both parties to refrain from interfering with custody of the minor children or from removing the children from the jurisdiction of the court
• Forbidding the respondent from contacting, molesting, interfering with, or menacing the petitioner or any minor children
• Forbidding the respondent from entering any premises named in the order
• Ordering the respondent to participate in counseling or treatment programs
• Ordering the respondent to stay a certain distance (often 1500 feet) away from the petitioner and their residence, workplace, school, etc.
• Ordering the respondent to obey a no-contact directive with the petitioner

An order of protection can contain all, some, or none of the provisions listed. The court can add anything it considers necessary for the victim’s safety and well-being. Penalties for violating an order are strict. Violators face up to a year in jail and a fine of up to $5,000 for each violation. This is in addition to any sentences for the crimes committed during the violation.

There’s a lot to know about these orders. For more information, FindLaw’s Idaho Protective Orders Laws article has you covered.

Address Confidentiality Program of Idaho

A victim who’s fled their abuser doesn’t want their new home address discovered. Idaho‘s Address Confidentiality Program (ACP) helps to keep it hidden. Participants are given a second legal mailing address. This is used for public records. First-class mail is forwarded to the victim’s actual address. There’s no charge for the ACP program. It’s available through the Secretary of State’s office.

Idaho Hope Cards

Since protective orders can have different provisions, it’s important to let law enforcement know what yours has in a hurry. Victims with final domestic violence protection orders with a duration of at least six months can get a Hope Card from the state of Idaho. The Hope Card Program makes it easier to share crucial data.

About the size of a credit card, Hope Cards contain the terms of your protection order. It can also have a color picture of your abuser and details about their appearance. Victims can apply for a Hope Card on the attorney general’s website.

Safety Plans

When trying to leave a toxic, abusive relationship, it’s a good idea to have a plan if possible. A safety plan allows a victim to answer ‘what if?’ questions ahead of time so they’re better prepared for contingencies. Domestic violence advocates can help victims create a personalized safety plan that includes account numbers, contact information, shelter locations, and much more.

Idaho Council on Domestic Violence and Victim Assistance

The state of Idaho wants to help victims of domestic violence. The Council on Domestic Violence and Victim Assistance offers victim services, child support help, important information on state programs, and much more. The website also directs victims to helpful resources.

Idaho Family Law on Domestic Violence – Divorce and Child Custody

As you might expect, domestic violence charges and convictions have a large effect on families. Victims of domestic violence in Idaho should note that extreme cruelty is listed as a cause for divorce. So is a felony conviction, something that’s possible under domestic violence transgressions.

When it comes to custody, courts are required to rule in the best interests of the child. In most cases, this means having both parents involved in the raising and decision-making of any minor child. Any instances of domestic violence are weighed by the court when making child custody and visitation rights rulings. This may involve imposing supervised visitation conditions or, in extreme cases, denial.

When it comes to something as serious as raising your minor children, having legal help is a necessity. An Idaho family law attorney will fight for the safest situation possible for your kids while protecting your rights.

Idaho Family Law on Domestic Violence – Review

As you’ve seen, there’s a lot to know about domestic violence and how it can affect your life. The table below recaps important points and offers links for further research.

Idaho Family Law on Domestic Violence – Additional Resources

• National Domestic Violence Hotline (800.799.7233)
• Victim Resources – Idaho Coalition Against Sexual and Domestic Violence
• Idaho Council on Domestic Violence and Victim Assistance
• Domestic Violence FAQ
• Idaho iCourt

Issues With Domestic Violence Under Idaho Family Law? Speak to an Attorney

Living a life of abuse is unthinkable. When either you or a loved one is ready to escape the abuse, talk to an Idaho family law attorney. They can help you get a civil protection order and provide legal advice to aid you in finding an abuse-free existence.