Protection From Domestic Violence in Idaho

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Domestic violence is a particularly pervasive problem because it can go on regularly within the four walls of the home, which is supposed to be a safe haven from all the dangers of the outside world.  Each state has its own remedies and methods for obtaining a solution; however, there is a similar general process that most states follow when dealing with issues of domestic violence. 

 

Domestic Violence Protection Order

 

Idaho law defines domestic violence as physical injury, sexual abuse, forced imprisonment, or a threat to commit any of these acts by a family member, member of the household, or anyone you date or used to date.  The court will look at the relationship between you and the alleged abuser and make a determination as to whether or not you case is to be considered domestic violence.

 

Idaho law provides for a domestic violence order of protection for victims of domestic abuse.  There are two types of orders: a temporary protection order and a permanent protection order.  A temporary order may be given to you on the day you file for an order of protection.  It is a short term order to protect you until your permanent hearing, which will take place within 14 days of filing.  A permanent order cannot be issued until the alleged abuser is given a chance to give his or her side of the story.  The temporary order will be issued for the length of time that you have to wait until your hearing.

 

After you file your petition, you will be given a hearing date, and the court will serve your alleged abuser with the appropriate paperwork that will notify him or her of the hearing date.  After you and your alleged abuser are given a chance to give your respective sides of the story, the judge will decide whether or not to issue a permanent order of protection.  If your petition is granted, it can be effective for up to one year. However, it may become permanent if the court decides it is necessary.  You may also renew your petition as long as you apply prior to its expiration.

 

If, after your hearing, you are granted a domestic violence order of protection, it is likely to do the following: order the abuser to stop the abusive behavior; ban the abuser from your home; prevent the abuser from removing your minor children from the state; stop the abuser from contacting you or your children; order the abuser to seek counseling; order the abuser to hand over any firearms; and grant you temporary custody of your children.  The specifics of these provisions, as well as any other that the court deems necessary to protect you and your children will depend on the facts surrounding the case.

 

Finding Domestic Violence Resources

 

The National Domestic Violence Hotline can be reached at 1-800-799-7233 and is operational 24 hours a day, 7 days a week, and in more than 100 languages.  It can help you find nearby domestic violence shelters, emergency shelters, legal help, and social service programs.

 

The Feminist Majority Foundation has put together a database of national organizations that can help victims of domestic violence get relief from their abuser. 

 

Resources for residents of Idaho who have been victims of domestic violence can be found here.