Coeur d’Alene Domestic Violence and Protection Orders
Attorney to Help With Domestic Violence Matters
According to Idaho’s Voices Against Violence website, 42 percent of all charges in the state for violent crimes are related to domestic violence. One in four homicides in Idaho are intimate partner homicides; 88 percent of those victims are women. United States statistics show that one in three women and one in four men across the nation have experienced some form of physical violence by an intimate partner.
Incidents of domestic violence have not only an immediate risk of physical injury, but they can also have long-term physical and mental consequences. Survivors of domestic violence have higher rates of mental illness, including debilitating depression and anxiety, particularly if they are caught in a cycle of protecting their abuser. Many victims of domestic violence may misuse drugs or alcohol to numb the pain, or engage in other risky behaviors. Aside from the physical injuries victims of domestic violence experience, they may also experience long-term physical issues such as chronic pain, digestive problems, insomnia, migraines, and immune system problems.
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There is a financial impact for victims of domestic violence as well; According to the National Coalition Against Domestic Violence, between 21-60 percent of domestic violence victims will lose their jobs from reasons stemming from the abuse. Those who have never experienced domestic violence may find it difficult to understand why a person would stay in such an untenable situation. Unfortunately, leaving is not as easy as it sounds.
Abusers have a tremendous psychological hold on their partners and may threaten further harm if their partner leaves in the form of physical harm, taking their children from them, or ruining them financially. Finally, those that experience domestic violence may feel shame and isolation, preventing them from telling those who could potentially help them. Idaho law provides some remedies to protect those experiencing domestic violence, including protection orders.
Why Choose a Coeur d’Alene Domestic Violence Attorney from Crouse Erickson Family Law Attorneys?
If you find yourself in a domestic violence situation the compassionate, experienced attorneys at Crouse Erickson can help. The Coeur d’Alene domestic violence attorneys at Crouse Erickson have more than 30 years of experience in family law. Our firm exclusively practices family law; we have a deep understanding of domestic violence and are highly knowledgeable regarding Idaho laws surrounding domestic violence.
We engage in intense case preparation for our clients and always maintain a client-centric practice. At Crouse Erickson, we make sure all your questions are thoroughly answered and that you have all the information necessary to make the decisions for your future. We will thoroughly document and prove the circumstances surrounding your case to ensure you and your children are protected.
What are the Different Types of Domestic Violence in the State of Idaho and the Penalties?
The state of Idaho has protections in place for victims of domestic violence. Domestic violence is defined in the state of Idaho as sexual abuse, physical injury, forced imprisonment, or threats of those behaviors against:
- A family member;
- Any member of the household;
- A spouse or former spouse
- Someone you are dating or used to date
Domestic violence in Idaho can include any of the following:
- Battery Not Resulting in Traumatic Injury—battery against a family or household member when no traumatic injury results will be charged as misdemeanor domestic battery.
- Battery Resulting in Traumatic Injury—battery against a family or household member resulting in a traumatic injury will be charged with felony domestic battery.
- Assault Not Resulting in Traumatic Injury—Assault against a family or household member that does not result in traumatic injury will be charged as misdemeanor domestic assault.
How Does a Family Law Attorney Protect Victims of Domestic Violence?
You can file for an emergency protection order very quickly and will not necessarily need a lawyer to do so. For further issues related to domestic violence, it can be extremely beneficial to have an experienced domestic violence attorney in your corner. You will want to ensure that you and your family members are permanently protected from a dangerous abuser. Your attorney will have extensive knowledge regarding protection orders and can comprehensively answer all your questions. A highly experienced Coeur d’Alene domestic violence attorney from Crouse Erickson knows how to fully document and prove your case to secure the long-term protection you and your children need and deserve.
What Does a Civil Protection Order Do?
An individual that feels he or she is under a threat of further violence from another may file for a protection order in the state of Idaho—also known as a restraining order. The protection order may keep the named person from going to his or her home or from having contact with the person that asked for the protection order. If the person whom the protection order is against violates the order, he or she could face up to one year in jail, and a maximum fine of $5,000.
Idaho offers two different types of protection orders for those who are victims of domestic violence. The first is a temporary ex parte order. This protection order can be issued on the same day you file your petition, or, in some cases, on the next day. A temporary ex parte order is issued when the judge believes if the order is not issued immediately—with no notice to the abuser—you could suffer serious, irreparable injury. If there is evidence that your abuser has made threats against you or committed an act of domestic violence against you, then a temporary ex parte order is likely.
A temporary ex parte order lasts for up to 14 days, or until a court hearing is held to consider a permanent order. If a temporary ex parte order has a significant effect on the abuser’s rights to custody, visitation, or to enter his or her home, a request can be made to hold the hearing sooner than 14 days. Following the court hearing, a final protection order may be issued. At this hearing, both parties can present evidence. After hearing the evidence, if the judge believes there is a threat of further domestic violence, the final protection order can be issued for up to a year, then can be extended when the year is up.
What Should I Do After the Hearing When the Protection Order is Issued?
Consider the following actions once your hearing is over and the Protection Order has been issued:
- Look over the protection order before you leave the courthouse to ensure there are no errors.
- Make several copies of the protection order and keep a copy with you at all times. Keep a copy of the protection order at work, another with a good friend, one with a family member, and if you live in a gated community, give a copy to the security guard, along with a photo of your abuser.
- Have the locks changed at your home and consider changing your phone number as well.
- If your abuser violates the protection order—even a minor violation—contact law enforcement immediately. Make sure a police report is filed, even if the abuser is not arrested. Write down the badge number and name of the responding officer in the event you have to follow up with your case.
While many abusers will obey the protection order, others will not, so it is important that you be fully prepared in the event your abuser fails to obey the order. Ask your attorney whether your abuser is legally allowed to have a firearm. Make sure you have a safety net in place in the event your abuser does not obey the protection order.
What Should You Do if Your Abuser Lives in Another State?
Due to the proximity of Coeur d’Alene, Idaho, to Washington, it is very possible that an abuser could live in another state. An Idaho judge may not have jurisdiction over your out-of-state abuser. An Idaho judge will consider there is jurisdiction over an out-of-state abuser if:
- The abuser travels regularly to Idaho to visit you, to see family members, or for work.
- The abuser did live in Idaho but recently moved.
- There is a significant connection between the abuser and the state of Idaho.
- The abuse occurred in Idaho
- The abuser is served with the protection order while in the state of Idaho.
If none of the above are applicable, do not give up. Your Coeur d’Alene domestic violence attorney can help you decide what your next step could be, or the judge may find other circumstances that allow him or her to grant the protection order.
How a Coeur d’Alene Protection Order Attorney from Crouse Erickson Family Law Attorneys Can Help
At Crouse Erickson, we fully understand the untenable position you are in. We want to help you through this time with compassion, knowledge, experience, and skill. When you need a domestic violence attorney’s help, you need it now. We know this and can be on your case almost immediately. Family law matters, particularly domestic violence matters, can be serious, emotionally charged matters.
There is so much on the line in a domestic violence matter including your future, your children, your employment, and even your finances. We are a results-driven law firm and we always want our clients to be glad they chose Crouse Erickson. We consistently go above and beyond in customer satisfaction, providing unparalleled service to each and every client. With an office located in Coeur d’Alene, our firm serves all of Kootenai County. Contact Crouse Erickson Family Law Attorneys today.