Domestic Violence In The Presence Of A Child

If you have been arrested and charged with a Domestic Violence Offense, it is important that vigorously defend yourself. Idaho's domestic violence laws can be complex and severe. You need to understand the charges against you and what your legal rights are.

What does "In the Presence of a Child" Mean? 

Domestic Violence Offense that are committed "in the presence of a child" are treated severely and carry large potential punishments. This crime can be a misdemeanor or a felony. Even if it is charged as a misdemeanor, it should not be taken lightly as a conviction will included counseling/education, fines, and jail.


The maximum penalties are doubled where the crime is committed in the presence of a child. “In the presence of a child” means in the physical presence of a child or knowing that a child is present (nearby) and may see or hear an act of domestic assault or battery.

A “child” for these purposes is a person under sixteen (16) years of age.

Common Questions:

  1. The child does not actually have to be present during the event, only in the area or in the house.
  2. The child does not have to be old enough to comprehend what is taking place.

Call me To Discuss Your Case 

If you have been charged with domestic violence in the presence of a child, call me to discuss your case. You have too much on the line to take on the system by yourself.

Free Consultation

Each case is unique. The strength and weakness of your case will depend on the particular facts of your case. Contact us for a free consultation. We will answer any questions you have, and give you an honest assessment of your case.

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We are committed to providing every client with respect and compassion they deserve; Every case will receive our full attention and passion. We work one-on-one with every client to make sure you get the best defense possible.

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The information on this website is for general information purposes only. Every case is different, nothing on this site should be taken as legal advice for any specific case. Viewing the information contained on this site does not constitute an attorney-client relationship.