High-Interest Proceedings

Domestic Violence Cases

"Domestic violence," is a term used generally to describe an act of violence perpetrated by one member of a household on another as well as in certain dating relationships. Minors can also receive protection through petitions filed by their parents and/or guardians. Idaho's criminal code provides for prosecution of, for example, assault, battery, rape, murder, domestic battery or the attempt of such a crime. However, the state justice system has developed a more immediate response to domestic violence in the form of a "protection order" aimed at restraining the activities of the alleged perpetrator.

The "Domestic Violence Crime Prevention Act," beginning at Idaho Code § 39-6301, provides a way for victims of domestic violence to obtain a protection order from the court to exclude the perpetrator from the house, require the perpetrator to get counseling, or restrain the perpetrator from places where the victim may be. A petition for a protection order is filed with the local District Court, Magistrate Division. A temporary (14-day) protection order may be obtained almost at once with an ex-parte hearing (the alleged perpetrator need not be at this hearing) if the judge is convinced that"irreparable injury" could otherwise occur. A full hearing including both parties must be held within the 14 days to determine if it there is cause for the court to issue a protection order for a period up to one full year. This order is then also subject to one-year renewals. See the Idaho Council on Domestic Violence and Victim Assistance site. If the person being restrained by the protection order violates it, he or she is subject to a fine not to exceed $5,000 and up to one year in jail. Furthermore, federal statutes prohibit an offender from having a firearm of any kind, or ammunition, for the duration of the civil protection order. Failure to comply with this federal law carries significant penalties.

In the case of convictions of misdemeanor crimes of domestic violence (domestic battery and certain related offenses), and also of certain domestic violence felony offenses, the federal firearms prohibitions not only apply, but are permanent for the life of the offender.