Idaho Criminal Defense and DUI Defense Blog

Recent Idaho Supreme Court ruling triggers civil protection orders

Posted by Christi Schofield | Oct 01, 2019 | 0 Comments

Do I need a lawyer?

In June, the Idaho Supreme Court ruled that law enforcement can no longer arrest someone for a misdemeanor unless they have a warrant or actually saw the crime being committed. For example, if the police receive a call about an intoxicated driver but are unable to locate the suspect, they cannot show up at his home and make an arrest unless they witnessed him driving or they have a warrant. The primary purpose of the ruling is to prevent police from abusing their powers when making arrests.

Some of the cases most impacted by this decision involve domestic violence, specifically misdemeanor domestic assault and battery. This ruling has created some frustration among law enforcement because it prevents them from separating the suspect and victim. Unless they saw the crime committed, the incident involved felony domestic violence, or they have a warrant, they cannot make an arrest. And even if police have evidence to support a warrant, acquiring one can take some time, especially on the weekend.

According to a recent article published by US News, with less arrests being made, domestic violence victims in Idaho are seeking civil protection orders for relief. A civil protection order prevents one individual from contacting another for a certain period of time. This includes physical contact and indirect contact through a third person. Once a civil protection order is issued, a violation constitutes a misdemeanor and results in criminal prosecution. Requesting or fighting a civil protection order can be a complex process with several court hearings. To learn more about civil protection orders, visit No Contact Orders/Civil Protection Orders and The Nitty Gritty About Civil Protection Orders.

If you are serious about requesting or fighting a civil protection order, our office can help! Call us today for a free 30-minute consultation.

About the Author

Christi Schofield

Christi represents clients in a wide range of criminal law matters in the Treasure Valley and surrounding areas

Comments

There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

Idaho's Premier Criminal Defense and DUI Attorneys

We are committed to providing every client with the respect and compassion they deserve. We work one-on-one with our clients to provide them with the best possible defense. Let us help you. Boise DUI AttorneysBoise Criminal Defense

We Provide Free Criminal Defense And DUI Consultations

Each case is unique. The strength and weakness of your case will depend on the particular facts of your case. Contact us to discuss your case. We will give you an honest assessment.
Idaho DUI LawyersIdaho Criminal Law Firm

Office Location

Schofield and Young
1109 W. Main St. Suite 600
Boise, ID 83702
(208) 344-0128