Getting charged with domestic violence in Boise is not something to joke about. All it takes is one person accusing you of domestic violence and it could affect the rest of your life. This is why we have domestic violence defense lawyers ready to help.
Idaho takes domestic violence very seriously. And they should. There’s also no reason why anyone should assault a family member. However, there are times when the person charged with the crime did nothing wrong. Or their behavior was wildly exaggerated.
Domestic violence is Idaho is when you commit an assault and battery against someone you have a relationship with. The relationship is typically that of husband and wife or girlfriend and boyfriend. Although it can be extended to almost anyone you live with. Hence, the term “domestic.”
Over recent years, states have cracked down on domestic violence. This is in response to cases where people are killed after years (or even days) of abuse at the hands of their partner. A lot of people are also afraid to report these crimes. So, when they do, the court takes it seriously. It’s almost as if you’re guilty until proven innocent.
Unlike a lot of other crimes, just being charged with domestic violence in Idaho can be terrifying. While you’re waiting for your court date, a lot can happen:
- You can be prevented from seeing your children
- You may not be allowed to return to your house
- If the case if listed in your local crime log, your friends, family, and neighbors will read about it
- Also, you could lose your job just based on the accusations
Whether or not this is fair isn’t the issue. It’s the way it is. This is why It’s so important that you call a domestic violence defense lawyer right away.
Our Boise Domestic Violence Defense Attorneys Fight for You
From the moment you are served with a restraining order for domestic violence, you need to call an experienced domestic violence attorney. You could be arrested on the spot. Or, you’re served with a no-contact order.
The problem with this is that once you’re served, you lose a lot. Just being charged with the crime can interrupt your life in many ways:
- You may not be allowed to live in your house. If your spouse or partner accuses you of domestic violence, you may be ordered to stay away from the house you share. You’ll be given a few minutes to grab a few personal belongings. This has to happen under the supervision of a police officer.
- You could be prevented from seeing your children until the matter is resolved. You may not even be granted visitation during this time.
- You’ll be required to surrender any firearms. This may not sound like that big a deal to most people. However, having a gun is a right we all share as Americans. When someone takes this right away from you, it seems like a violation.
- Lastly, Your job could be affected. Depending on what kind of work you do, an allegation of domestic violence could impact your job. It could even affect your professional license.
The problem is that these things all take place before you’re even convicted! All it takes is an accusation of domestic violence. You’re immediately treated like a criminal. Your domestic violence defense lawyer will fight to protect your rights.
You’re going to want an experienced defense lawyer by your side. He can work to get the charges dismissed. Or, worst case, he can negotiate to have them reduced to something like disturbing the peace.
Idaho Domestic Violence Definitions and Penalties
Under Idaho Statute 18-918, domestic violence is:
“The physical injury, sexual abuse or forced imprisonment or threat thereof of a family or household member, or of a minor child by a person with whom the minor child has had or is having a dating relationship, or of an adult by a person with whom the adult has had or is having a dating relationship”
Under the law, the following people can be a victim of domestic violence:
- Family member
- Anyone who lives in your house
- Anybody you share a child with
- Someone you’re dating
If you injure, abuse or threaten to injure any of these people, you can be charged with domestic violence in Boise. You can be charged with a variety of offenses including assault, battery or traumatic injury.
Let’s take a brief look at each of these:
- Assault: If you threaten someone, or attempt to actually inflict a violent injury on anyone else.
- Battery: Unlawfully touching another person with the intent to cause harm is considered battery under Idaho law.
- Traumatic Injury: An injury can be internal or external. Any injury that is caused by force and is intentional is covered under this law.
The law defines domestic violence broadly. They do this on purpose. They want to make sure they protect children and family members from any type of abuse. The problem is, all it takes is a single accusation and you can be charged with the crime.
If you are ultimately convicted of domestic violence, the penalties are quite severe.
If you’re found guilty of felony domestic violence, you face up to 10 years in prison and fines of up to $10,000. A felony conviction is usually the result of serious bodily injuries caused against someone you have a relationship with.
Most domestic violence convictions are misdemeanors. However, even misdemeanors carry stiff penalties, such as:
- 1st Offense: up to 6 months in jail and $1,000 fine
- If you have a prior conviction within the last ten years, the fine is doubled to $2,000 and you can face up to 1 year in jail
- If you have two prior convictions within the last 5 years, you’ll be facing fines of $5,000 and up to 5 years in state prison
Given the penalties associated with a domestic violence conviction, it’s crucial that you contact an experienced domestic violence defense lawyer.
Contact an Idaho Domestic Violence Defense Lawyer at Boise DUI Guy Today
If you’ve been charged with domestic violence, you need to contact a domestic violence lawyer at Boise DUI Guy today. What you do in the next few days will be critical. Your entire future depends on it.
When you’re accused of domestic violence, your entire world can be turned upside down. Even if there’s no truth to the charges, you’ll feel like a criminal. You won’t be allowed in your house. You won’t be allowed to see your kids. Also, you may even be held in jail waiting for your court date.
A good Boise criminal lawyer will also do what he can to make this as painless as possible. Call and schedule your consultation today. We’re sure you have a lot of questions. We have answers.
Don’t face a domestic violence charge alone. There’s just too much at stake!