Idaho Domestic Violence Charges

When police dispatch answer a 911 call for a domestic disturbance, whether the call came from your house or a neighbor’s, they usually arrest someone. Amazingly, this has proven true even in cases where the disagreement has been resolved before the police arrive and even in cases where the “dispute” was nothing more than a verbal argument with no physical altercation. A false charge of domestic violence is often used as a tool in highly contested divorce or child custody proceedings. Recently Idaho has begun charging more and more people with felony domestic violence and in many cases, “attempted strangulation” on little or no actual evidence. We have seen this trend in Boise, Nampa, Caldwell and even in smaller communities like McCall and Cascade.  Attorney Jared B. Martens provides an aggressive defense to clients charged with domestic violence, including domestic battery, domestic assault and attempted strangulation.

Why Fight a Domestic Violence Charge?

If you were served with a restraining order or were arrested for domestic assault, it is extremely important to speak to a lawyer and take measures to protect your rights. A restraining order may deny you access to your home and your children. A conviction for domestic assault or violation of a no contact order may, in addition to destroying your family, will result in serious problems down the road. A prospective employer may turn down your application for a job, you may find it difficult to rent an apartment, your relationship with your children may be destroyed and you will not be able to get a hunting license or purchase a firearm. A felony conviction is likely to result in jail, fines, domestic violence and anger management classes that seem to never end and supervised probation.

What Defense Is There for a DV Charge?

Through negotiations with the district attorney, a criminal defense attorney may be able to get your case dismissed or the charges reduced to disturbing the peace. Clients of Martens Law Office can count on their lawyer to continue pushing for dismissal right up to the courthouse steps. Witnesses may change their story under skilled questioning. The firm will be proactive in getting a client into classes before a hearing or trial, an action that demonstrates to the prosecutor and the court that the client is undergoing rehabilitation voluntarily.

Idaho Specific Definitions and Penalties

The definitions and penalties for a domestic violence charge are found in Idaho Code §18-918.  Penalties range from a maximum sentence of a $1000.00 fine and six (6) months in county jail for a first offense up to a $10,000.00 fine and ten (10) years in the Idaho State Prison for a third offense within fifteen (15) years when the charge is enhanced by a child being present during the domestic assault or battery.

Free Consultation

Martens Law Office has evening appointments available, offers free initial consultations, and accepts credit cards. If you would like to speak with Mr. Martens, please contact a Boise domestic violence lawyer at our firm and arrange a free consultation. The firm’s lawyer and staff are committed to providing responsive and attentive client service.  Call us at (208) 344-0994 or (800) 915-6448.