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Arrested for Domestic Violence…What Do You Do Now?

Posted by Attorneys of Idaho | Jul 14, 2023 | 0 Comments

Did you know that 33% of women in Idaho report having experienced domestic violence?

Only Rhode Island, New York, and North Dakota have lower percentages of women in the U.S. who have experienced domestic violence.

Of course, being accused of, or even arrested for domestic violence does not necessarily mean being guilty.

Keep reading to see what you should know if you're ever arrested for domestic violence in Idaho.

Penalties Can Be Severe

Idaho classifies specific violent actions as domestic violence offenses when the acts occur between household members.

Under the state's law, a household member includes former spouses, people who live together, or people who have children together.

If you're charged and convicted of domestic violence causing a traumatic injury, you could face a felony punishable by up to a decade in prison and a fine of $10,000.

A battery that does not constitute a traumatic injury could lead to a misdemeanor domestic battery charge.

If you're found guilty of misdemeanor domestic assault or misdemeanor domestic battery for the first time, you could face up to six months in jail and a fine of $1,000.

The penalties can climb if you have had prior similar convictions.

Process for Domestic Violence Charges

If you face domestic violence charges, you need to know what to expect during the process. There are different types of domestic violence cases. Your best bet is to contact an attorney with experience in domestic violence defense as quickly as you can.

Here's a look at what to expect if you're ever charged with a crime:

Mandatory Court Appearance

You may not be able to post bail prior to a court hearing for domestic violence cases. Before the hearing, the prosecutor will conduct an extensive background check to see if you have any previous criminal charges.

The hearing should take place within 24 hours of your arrest. The judge will determine whether or not there's probable cause to proceed.

Pre-Trial Conditions

The judge will issue pre-trial release conditions intended to protect the alleged domestic violence victim.

Conditions usually include a no-contact order, pre-trial supervision that might require you to wear a GPS monitor, and a monetary bond depending on the situation.

Why You Need a Lawyer

If you face domestic violence charges, you need help from experienced family violence lawyers as soon as possible. The right lawyer will leverage domestic violence resources to help build you a solid defense. A lawyer can do the following:

Explain the Situation

You need to know what you are up against, which is the only way you can make informed decisions. The stakes are high, so you need to know all the facts and possible outcomes.

A reputable lawyer will explain the situation, let you know what penalties you can face, and give you an honest assessment of your odds of success.

Represent You

When facing domestic violence charges, you need a lawyer who can build a strong family violence defense.

Reputable attorneys in Boise, Idaho will look at all the evidence, find any procedural irregularities, and ensure you are treated fairly.

Based on your legal team's efforts, you could see the domestic violence case dismissed for several reasons.

Charged With Domestic Violence in Idaho?

Whether you have been accused of, or charged with, domestic violence offenses, you need to consult a lawyer to advise and represent you.

You can count on Attorneys of Idaho should your worst nightmare come true and you find yourself accused of domestic or family related violence.

Contact us for a free consultation on your specific needs. We are here to help you get the best possible outcome.

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