Crouse Erickson | Coeur d'Alene
Crouse Erickson | Coeur d'Alene
When domestic violence affects your family, the path forward can seem unclear and challenging. These situations affect every aspect of your life, from your personal safety to your family’s future. In family law cases like divorce or child custody disputes, allegations of domestic violence receive the utmost seriousness and significantly impact the outcome..
If you are facing a family law matter complicated by domestic violence, a knowledgeable Coeur d’Alene domestic violence lawyer from Crouse Erickson can help you understand your rights and legal options.
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At Crouse Erickson, our singular focus is family law. For nearly 30 years, our firm has dedicated its practice exclusively to helping families in Washington and Idaho through complex legal transitions. This concentrated experience means we have an in-depth understanding of the laws and court procedures in Kootenai County and the surrounding areas.
We recognize that matters involving domestic violence require a sensitive yet resolute approach. Our team is committed to providing client-centric service, putting your safety and goals at the forefront of our strategy.
We believe that thorough preparation is the foundation of a successful case. Our attorneys and staff work diligently to understand every detail of your situation. This allows us to advocate effectively for you, whether through negotiation or in the courtroom. We have also built strong relationships with a network of professionals, including counselors and investigators, whose insights can be invaluable.
When you work with Crouse Erickson, you can expect:
Our commitment is to help you move toward a future with confidence and security.
Domestic violence extends beyond physical harm. Idaho law defines domestic violence as an act or threatened act of violence against a person with whom the actor has or had a domestic relationship. A lawyer will know how the law views these actions within a family law context.
While a separate criminal case may proceed against an abuser, the family court focuses on how the behavior affects divorce and custody matters. The court’s primary goal is to ensure the safety of all parties, especially children.
Actions that may be considered domestic violence in a family law setting include:
These behaviors are taken very seriously by the court and can shape the final orders in your case.
One of the most immediate legal tools for safety is a Civil Protection Order (CPO). A CPO is a court order that directs a person not to have any contact with you and not to commit any further acts of violence. It is a civil order, meaning you can request one regardless of whether criminal charges have been filed.
Obtaining a CPO in Idaho generally involves these steps:
A CPO can provide crucial breathing room and legal protection while you address the broader issues in your divorce or custody case.
When making decisions about children, Idaho courts are guided by the “best interests of the child” standard. The law explicitly lists domestic violence as a key factor the court must consider. A history of domestic violence creates a “rebuttable presumption,” which means the court will assume that it is detrimental to the child to be placed in the sole or joint custody of the abusive parent.
The presence of domestic violence can lead to specific outcomes in a parenting plan, including:
Beyond custody, domestic violence can also influence how a judge divides property or determines spousal support, particularly if financial abuse was part of the pattern of control.
The legal system takes all allegations of domestic violence seriously. At the same time, it provides a process for addressing claims that are not based on fact. In a high-conflict divorce or custody battle, it is possible for one party to make false accusations to try and gain an advantage.
If you are facing untrue allegations, it is essential to respond with evidence and clear legal arguments. This may involve gathering witness testimony, text messages, emails, or other documentation that contradicts the claims. The court will evaluate all evidence presented by both sides before making a finding. A family law attorney can help you build a case based on facts and protect your parental rights.
Here are answers to some common questions about how domestic violence intersects with family law in Idaho.
A Civil Protection Order (CPO) is initiated by an individual in civil court to seek protection from abuse, regardless of whether a crime has been reported. A No-Contact Order is issued by a judge in a criminal case after someone has been arrested or charged with a crime, like domestic battery, and it prohibits them from contacting the survivor.
A final CPO can be issued for a period of up to one year. Before it expires, the person who requested the order can petition the court to have it extended if they still have a reasonable fear of the other party.
Relocating with children, especially during a pending custody case, is a complex legal issue. If you need to move for safety reasons, it is critical to follow the proper legal procedures. An emergency court order may be necessary to get permission to move while protecting your long-term parental rights.
Courts are very reluctant to have children testify in open court, as it can be a difficult experience for them. Instead, a judge may appoint a Guardian ad litem (GAL), a trained professional who represents the child’s best interests. The GAL will interview the children, parents, and others and then make a recommendation to the court.
The issues surrounding domestic violence are sensitive and legally complex. At Crouse Erickson, we are dedicated to providing the guidance and advocacy you need to protect yourself and your family. We will listen to your story, explain your legal options, and stand with you through every stage of the process.
To schedule a confidential consultation, contact our Coeur d’Alene office today at (208) 618-8910 or fill out our online form.
