Domestic Violence is a Crime
Thousands of battered
women's programs across the country work to
provide emergency shelter and other services for violent families. In
Idaho, there are 24 such programs with a variety of services. If someone at
home is hurting you, join the many people who are now saying "NO MORE" and
getting help.
Cycle of Violence
Research shows that
violence can be prevented or reduced when authorities intervene. Otherwise,
the cycle of violence and abuse can continue against you and your children
and may increase in frequency and intensity. If you are a victim of
domestic violence, break the cycle--ask for help.
If you
are a victim of domestic violence, you should consider
reporting the violence to the police, and you should seek assistance through
resources in your community. You also have the right
to file a petition in magistrate court requesting an order of protection
from domestic abuse.
Protection Orders
Idaho passed a law in 1988
that can help you get protection from further abuse. This is the Domestic
Violence Crime Prevention Act (Idaho Code section 39-6302). The law
protects spouses, former spouses, persons related by blood or marriage,
persons who live or have lived together, and persons who have had a child in
common, whether they have been married or have ever lived together. A protection order is issued by a
court in domestic violence or abuse cases to, for example, protect a person
from physical harm by a spouse or a child from abuse by parent(s). Such an
order may be granted immediately by a court in cases where immediate and
present danger of violence or abuse is shown. Such emergency orders are
granted in an ex parte type of proceeding and are temporary until a full
hearing in front of a judge can be held with all parties involved.
A protection order can:
Violation of a protection
order is serious and is punishable by up to one (1) year in jail and a fine
of up to $5,000.
How Do I
Get A Protection Order?
A protection order may be
obtained WITHOUT a lawyer. Applications, called "petitions," are available
from the Clerk of the District Court in the county where you live.
Tell the
clerk you need protection from domestic violence. THIS IS FREE. The
"petition" is a legal document. It is important that you understand that
you are under oath and that you must tell the truth when filling it out.
The protection order form as well as other related forms
are also available on-line through the
Idaho Self-Help
Center.
How Do I Fill Out the
Form?
Don't let the form scare
you. A lot of information is required by the law to seek protection.
Answer the questions as completely as you can in
your own words. The person who
fills out the form, usually you--the victim, is called the “petitioner.”
The person the victim needs protection from is called
the “respondent.” The
petition can be filed in the county where you live, where you are
temporarily living, or where the respondent is living. The most important
part is to explain in your own words why you believe you will be hurt.
Explain how you have been hurt. BE SPECIFIC about violent acts or threats.
Include dates, places, injuries, and if children have been present. If a
weapon was used, write down the type of weapon. Write everything you can
about the abuse. THIS IS IMPORTANT. The judge will use what you write to
decide if you need help or not. If you feel you are in danger, write this
on the form. If you need assistance filling out the form, ask for help.
After you have completed the form, return it to the clerk.
What Happens Next?
The clerk will give the
form to the judge. After you see the judge and a temporary order is issued,
you need to return to the court clerk's office to get your copy. The judge
may issue you a temporary protection order at that time and will set a
hearing date within 14 days to decide whether to issue a full 90-day
"Protection Order." YOU MUST COME TO THIS HEARING. Follow through! The
clerk will tell you when and where the hearing is. If the judge signs a
temporary protection order or sets a date for a protection order hearing,
law enforcement will deliver a copy to the person who abused you. It is
very important that you read the entire protection order and that you follow
the instructions given by the judge during the hearing and on the written
order.
Always Keep a Copy of
Your Protection Order with You
Deliver copies to your
employer, your child's daycare, and everyone else who needs to know about
this order. Keep a certified copy to show to the law enforcement officer if
you need help. If you are granted a protection order, it is usually for 90
days and can be renewed for one-year periods if you need more protection.
If you do need to have it renewed, remember to do this before it expires.
You can also apply for a change in this order at any time.
If a motion is filed and the judge finds that good
cause has been shown, the judge may extend the protection order for an
appropriate period of time or may make it permanent. A protection
order may be modified or terminated upon a motion and after a hearing or
upon stipulation of the parties.
Violations
Once a judge has issued a
protection order to you and the respondent is served with notice of the
protection order, it is then against the law to violate any part of the
protection order. Call the emergency #911 or your law enforcement number
and report any violation. Gather any information you can to assist the
officer. The majority of respondents take this protection order seriously
but some do violate this court order. It is important to notify the
authorities and to keep yourself as safe as possible. Do not have false
hopes that the protection order will be all you need to be safe, especially
if violent violations occur.
No
Contact Orders
If someone has hurt you and
they are arrested, they may be issued a No Contact Order as a condition of
their release from jail. In most cases, the No Contact Order will order the
arrested person to stay away from you until the No Contact Order is removed
by a judge. This same order may require the arrested person to stay away
from your children, your place of work, and your children's schools, and you
should also not attempt to contact the arrested person. The purpose of the
No Contact Order is for you to have time to get the help you need to stop
the cycle of violence. It will also give you time to ask for a temporary
protection order from the Magistrate Court.
The resources
available in Idaho for information related to domestic violence and places
of safety and shelters are listed below. Shelters provide food, shelter,
clothing, and referral service in a supportive atmosphere. Safe homes
provide similar services with a volunteer family in the community. In some
areas of Idaho, motels provide emergency housing, and those individuals
needing shelter for longer periods of time are referred to nearby shelters.
Emergency
medical help is available from your local doctor, hospital, or clinic. Call
your local domestic violence program for phone numbers of nearby medical
service providers.
You also have
the right to sue for losses suffered as a result of the abuse, including
medical and moving expenses, loss of earnings or support, damages to your
property, and other out-of-pocket expenses. This can be done without an
attorney in small claims court if the total amount claimed is under $3,000.
Victim’s
Compensation
You may be
eligible for victim's compensation. Call 1-800-950-2110 for further
information. This fund can directly reimburse victims of crime for related
medical and counseling expenses that are not covered by other resources.
Child Support
If you need
child support, call your local Department of Health & Welfare and ask for
the child support enforcement office. You may be eligible to receive
financial help (Idaho Code section 32-706).
Helpful Local Resources and Links
Idaho Council on
Domestic Violence and Victim Assistance
Idaho Coalition
Against Sexual Assault and Domestic Violence
Ada County
Misdemeanor Domestic Violence Court Participant Handbook
Domestic Violence Unit of the Ada County Prosecuting Attorney's Office
Boise Women's and
Children's Alliance Crisis Center
(WCA)
Family Advocacy
Center and Education Services (FACES)
Idaho Legal Aid
Services
Other Helpful Resources and Links
National Domestic Violence
Hotline
Idaho Programs for
Victims of Violent Crime (statewide resources for
Domestic Violence)
Idaho State Police, Statistical Analysis Center, Domestic Violence Research
National
Institute of Justice, Domestic Violence and Sexual Assault Resource Center
