Idaho Domestic Violence Crimes
Idaho Domestic Violence Crimes | Boise Domestic Violence Lawyers
Idaho Domestic Violence Offenses
It's illegal to commit an assault or battery against anyone. However, if the defendant is charged with committing an offense against a domestic partner, Idaho domestic violence laws make the allegation much more serious.
If you have been arrested and charged with Domestic Violence Offense, it is important that you understand the charges against you and what your legal rights are. Idaho's domestic violence laws can be complex and severe. You should not try to take on the criminal justice system on your own.
What Actions Constitute Assault and Battery in a Domestic Context?
Idaho law defines domestic assault and domestic battery based on both the actions involved and the relationship between the people.
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Domestic Assault typically involves attempting to physically harm a household member, or making threats of harm in a way that causes genuine fear. For instance, charging at a partner while making threatening statements, or raising a fist in anger—even if no contact is made—may count as domestic assault if it puts the other person in reasonable fear of being hurt.
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Domestic Battery, on the other hand, requires some physical contact. This could range from forcefully grabbing a spouse's arm during an argument, to shoving a partner or intentionally striking them. Even touching someone in an angry or harmful way, without causing an obvious injury, can meet the threshold for battery under Idaho law.
These definitions apply specifically when the alleged victim is a current or former spouse, partner, cohabitant, or someone else defined as a "household member" under Idaho's statutes.
The Different Domestic Violence Charges In Idaho
There are a variety of domestic violence related criminal charges in Idaho. Depending on the charge, and the severity of the accusations, DV crimes can be classified as either a felony or a misdemeanor.
Generally, misdemeanor penalties apply when there has been no traumatic injury to the victim. A first conviction for misdemeanor domestic assault or battery can result in up to six months in jail and a $1,000 fine. If the defendant has a prior conviction for misdemeanor domestic assault or battery, or for violating a protection order, that penalty increases to up to one year in jail and a $2,000 fine.
The stakes rise if the situation involves traumatic injury—which means actual physical force led to a wound or injury, whether minor or serious, internal or external. This can include something as minor as bruising or even just physical pain, even if there's no visible mark. Any domestic assault or battery that results in a traumatic injury, or if the accused has prior similar convictions, can quickly escalate from a misdemeanor to a felony.
For repeat offenders, Idaho law imposes even harsher penalties. A third or subsequent misdemeanor domestic assault or battery, or a third violation of a protection order, is charged as a felony and carries up to five years in prison and a $5,000 fine. And if someone with a prior felony conviction for domestic battery or felony protection order violation is convicted again—even on a misdemeanor charge—they could be facing up to 10 years in prison and a $10,000 fine.
Misdemeanor Domestic Battery
For misdemeanor domestic assault or battery charges—where no traumatic injury has occurred—Idaho law imposes escalating penalties based on your criminal history.
- First offense: You may be looking at up to six months in jail and fines reaching $1,000.
- Second offense: If you already have a previous conviction for misdemeanor domestic violence or violating a protection order, penalties increase to as much as one year behind bars and a $2,000 fine.
- Third offense: A third conviction isn't just “strike three”—it's elevated to a felony, carrying much more severe consequences (see the felony penalties section below).
Understanding the potential penalties you face is crucial as you consider your options moving forward.
Felony Domestic BatteryFelony Domestic Battery
Under Idaho law, anyone convicted of domestic battery that causes a "traumatic injury" faces steep felony consequences. A felony conviction can mean up to 10 years in prison and a maximum $10,000 fine.
It's important to understand that “traumatic injury” doesn't just refer to severe wounds. Even relatively minor physical harm—like bruises, pain, or a small cut—can trigger this more serious felony classification. For example, actions such as kicking, a minor knife graze, or grabbing someone hard enough to leave a mark may all be considered traumatic injuries under Idaho law.
Violation of a No Contact Order
Allegations of violating a protection order or no-contact order ramp up the stakes considerably. These court orders are put in place to help protect alleged victims from further harm or unwanted contact—whether issued by a criminal court (no-contact orders) or through a separate civil proceeding (protection orders).
If you're accused of violating either type of order, the penalties can be significant:
- Civil Protection Order Violation: Breaking a civil protection order can land you in jail for up to one year and cost you up to $5,000 in fines.
- Criminal No-Contact Order Violation: The first or second time you violate a no-contact order, you face up to a year behind bars. However, if you rack up a third or subsequent violation, you're facing felony charges—with the possibility of up to five years in prison and another $5,000 in fines.
In other words, Idaho law treats violations with real seriousness. If you're facing this kind of charge, the consequences should not be underestimated.
Domestic Violence in the Presence of a Child
If domestic violence occurs while a child under the age of 16 is present—either physically witnessing the incident or within earshot—the consequences become even more severe. Idaho law specifically requires that penalties for these offenses be doubled, significantly increasing the impact of a conviction when a minor is involved or can perceive the incident.
Attempted Strangulation
Attempted strangulation involving a household member or a current or former dating partner is considered a felony offense under Idaho law. If convicted, the individual faces a prison sentence of up to 15 years. This makes attempted strangulation one of the most serious charges in Idaho's domestic violence statutes.
Custody Interference
Important Terms in Domestic Violence Cases
- “Household member” means a person who is a spouse, former spouse, or a person who has a child in common (regardless of whether they have been married), or a person with whom a person is cohabiting, whether or not they have married or have held themselves out to be husband or wife. In some contexts, this also includes current and former dating partners.
- “Traumatic injury” means a condition of the body, such as a wound or external or internal injury, whether of a minor or serious nature, caused by physical force.
Understanding who qualifies as a household member is crucial, as Idaho law specifically includes not only spouses and cohabitants, but also individuals who share a child and, in certain situations, current and former dating partners. This broad definition means that domestic violence charges can arise in a variety of relationships, and the law is designed to address threats and harm within these contexts.
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Enhanced Penalties for Repeat Domestic Violence Offenders
If you've previously been convicted of domestic violence offenses in Idaho, the consequences for any new charges can escalate quickly. Idaho law takes a stern approach with repeat offenders, upping both the level of the charge and the severity of the punishment.
For example, if you already have two convictions for misdemeanor domestic assault, battery, or violating a protection order, a third offense bumps the charge up to a felony. That means you're facing up to five years behind bars and a fine that can reach $5,000.
But it gets even steeper. If you've ever been convicted of felony domestic battery or a felony-level protection order violation, and you later pick up a misdemeanor domestic violence charge, that new offense can also be treated as a felony. In this situation, penalties can climb to as much as 10 years in prison and a $10,000 fine.
Finally, Idaho's persistent felony violator law (think of it as a “three strikes” rule) is something to be aware of. If this is your third felony conviction—regardless of the type—the court can hand down a life sentence, with a mandatory minimum of five years in state prison.
These rules are set by Idaho Code sections 18-918 and 19-2514, so if you have any prior convictions, it's more important than ever to understand what you're facing and to have experienced legal help in your corner.
Idaho's “Persistent Felony Violator” Law in Domestic Violence Cases
Idaho takes repeat offenses seriously—especially when it comes to felonies. Under what's commonly known as the “three strikes law,” anyone convicted of a third felony, including felony-level domestic violence crimes, can face dramatically increased penalties. This means that if a person has two prior felony convictions, a third felony—regardless of whether it's domestic violence or another offense—can trigger this law.
Here's what's at stake:
- The judge is required to impose a mandatory minimum of five years in prison.
- The maximum penalty can extend all the way up to life behind bars.
- The law is not limited to violent or domestic offenses; any combination of felonies can lead to these severe consequences.
In short, Idaho's persistent felony violator statute can turn a domestic violence charge—if classified as a felony and following two prior felony convictions—into a life-altering event, with much greater sentencing exposure than the underlying charge would otherwise carry.
Experienced Idaho Domestic Violence Lawyers
Unfortunately, innocent people get wrongly accused of domestic violence all the time in Idaho. False allegations of domestic abuse can arise out of anger, jealousy, or as part of divorce or child custody proceedings. Cases that may appear to be domestic violence to the police may actually involve the arrested person acting in self-defense. Other incidents arise out of an accident or a mutual struggle. See: Idaho Code §18-918.
Simply Being Charged With A Domestic Violence Crime Does Not Make You A Criminal
An experienced Idaho domestic violence attorney is your best bet for fighting the court case successfully. Your story is important! Let us fight to protect your rights, your future, your reputation, and your freedom!
It is important to get in front of these cases quickly!
Do not wait for criminal charges to be filed. You should never speak with police officers on your own, but if you hire an attorney early enough we may be able to get out in front of the court case before criminal Domestic Violence charges are ever brought.
If criminal charges are filed, the intense emotions from both parties make these cases very difficult and contentious. I often talk to people who think that their case “should be easy to clear up.” Most of the time this is far from the truth. Often the only evidence in these cases is one person's story vs. another – they are “he said, she said, cases.” Unfortunately, the absence of other evidence makes it hard to prove one story is true while the other is false. Court cases like this are often the most difficult criminal defense cases.
Contact the Skilled Domestic Violence Attorneys at Schofield and Young
The penalties for a Domestic Violence conviction can be severe. The court can order a variety of potential punishments. Let our skilled criminal defense attorneys help you.
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