What Constitutes Domestic Violence in Idaho:
Legal Definitions and Penalties

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What Constitutes Domestic Violence in Idaho

In news stories online and on television, domestic violence issues are frequently mentioned, and they are also the subject of many public service messages. Domestic violence is a prevalent problem, and while people have a general idea of what domestic violence is, not enough people understand that it is a very specific–– and serious–– criminal charge in the state of Idaho.

Unlike some other criminal conduct, a domestic violence charge generally carries immediate consequences, as well as long-term ones. If you’ve been accused of domestic violence or are trying to understand what legally qualifies as DV, it’s critical to know how Idaho defines the offense, how the law applies, and what penalties are involved.

At Sullivan Law Office in Coeur d’Alene, Idaho, we handle domestic violence cases for defendants throughout North Idaho. Here is a breakdown of what constitutes domestic violence under Idaho law, and what someone facing domestic violence allegations can expect from the legal system.

What Conduct Amounts to Domestic Violence Under Idaho Law?

The Requirement for a Particular Relationship

Idaho’s domestic violence statute is Idaho Code § 18-918. As the term “domestic” implies, the statute applies when physical injury or contact occurs between people in certain types of close or household relationships, including:

Importantly, the alleged victim of domestic violence does not need to be physically injured for a charge to be filed. Even threatening violence or any offensive physical contact may be enough under the law to trigger a criminal investigation or charge.

Types of Domestic Violence Conduct

In addition to falling within the legal definition of a domestic relationship, specific conduct must exist for there to be a domestic violence crime. Conduct can include:

Penalties for Domestic Violence in Idaho

Depending upon the conduct involved, domestic violence can be charged as a misdemeanor or a felony. Generally, a crime classified as a “misdemeanor” is any crime that does not warrant incarceration longer than one year as a penalty. Accordingly, the penalties for conviction of a domestic violence charge will depend on its criminal classification as well as other factors, such as the circumstances, the extent of harm, and whether the accused has prior convictions. Here are some of Idaho’s distinctions related to sentencing:

Penalties are doubled if the act was done in the presence of a child under 16 years of age who can either see or hear the assault or battery.

No-Contact Orders

As alluded to above, a domestic violence charge can result in immediate consequences, even without a plea, trial, or conviction. Upon arrest for domestic violence, the court will often issue a no-contact order, which prohibits the accused from contacting the alleged victim. Violating this order is a separate criminal offense.

Collateral Impacts

In addition to these consequences, there are also collateral impacts that can affect someone arrested for a domestic violence crime before a case has reached a final resolution, including:

Defense and Legal Strategy for Those Accused of Domestic Violence

Domestic violence cases often move quickly and involve emotional, complex facts and situations. Many charges are based on conflicting accounts or minimal evidence, such as in a “he said, she said” situation. Under these circumstances, it is critical for defendants in domestic violence cases to get competent legal advice and representation. A skilled defense attorney can help by:

In some cases, accusations may be exaggerated or entirely false; it is not unheard of for parties who have a relationship that has gone sour to use domestic violence charges as leverage or revenge. So, while Idaho courts take all allegations seriously, they also recognize that the accused has a right to present a complete defense, and we can help defendants exercise that right to the fullest extent possible.

Take Domestic Violence Charges Seriously from Day One

If you’re facing a domestic violence charge in Idaho, you need to understand this is not a minor matter; even a misdemeanor conviction can permanently affect your future, and you can’t assume that others will see the situation as you do. Courts, employers, and government agencies all view these charges with heightened scrutiny, so the best way to protect yourself is to speak with an experienced Idaho criminal defense attorney as soon as possible after learning of the charge.

If you are arrested for or charged with a domestic violence offence, do not argue or discuss the situation with anyone but your attorney. Contact Sullivan Law Office immediately. Our attorneys will explain your rights, help you navigate the court process, and build a strong defense to protect your freedom and your future.

This provides general legal information and should not be understood or interpreted as legal advice for any specific case.