Navigating Criminal Charges and Protection Orders
Being arrested for domestic violence can affect every area of your life. These cases move quickly and require an immediate legal response to protect your rights and future. At John Malek Law Group, we’re here to help you navigate this process and ensure you have a strong legal advocate on your side. If you’ve been accused of domestic violence, call 208-747-0053 to schedule a consultation with a Boise domestic violence lawyer.
What Are Idaho’s Domestic Violence Laws?
Idaho Code § 39-6303 states that domestic violence occurs when someone causes the “physical injury, sexual abuse or forced imprisonment or threat thereof of a family of household member, or of a minor child by a person with whom the minor child has had or is having a dating relationship, or of an adult by a person with whom the adult has had or is having a dating relationship.” In Idaho, a domestic violence crime can be charged as a misdemeanor or a felony.
Misdemeanor domestic assault is when someone commits assault against a household member or dating partner but doesn’t cause a traumatic injury. However, the legal definition of traumatic injury is often different from what people imagine. Idaho Code § 18-918 defines traumatic injury as a wound or injury, either external or internal, that is “caused by physical force.” The statute specifically states that the injury itself can be “of a minor or serious nature.” If the prosecution believes they can prove that the alleged victim sustained a traumatic injury, they can charge you with felony domestic violence.
Domestic violence charges we defend in Boise
A Boise domestic violence case is not always labeled the same way. Some cases start as a misdemeanor domestic violence charge, others start as a felony charge based on the allegation and the claimed injury. The specific statute listed on the citation or complaint controls the elements and the potential penalties.
Domestic assault or domestic battery under Idaho Code § 18-918
Idaho Code § 18-918 covers domestic assault and domestic battery. A first conviction under this law can carry up to one year in county jail and a fine up to $1,000.
Repeat convictions can raise the stakes. Idaho Code § 18-918 increases penalties based on prior convictions and the timing of those convictions. In the statute’s repeat-offense framework, a later conviction within ten years can increase potential fines, and a third or later conviction within fifteen years of the first can be charged as a felony. Felony exposure can mean state prison time, not just county jail time.
Felony domestic battery with traumatic injury
Felony domestic violence allegations often center on the phrase traumatic injury. Idaho law defines traumatic injury broadly. It can mean a wound or an external or internal injury, whether minor or serious, caused by physical force. That definition matters because it does not require a catastrophic injury. The State may argue that bruising or other injuries meet the definition, depending on the evidence.
Domestic violence with a traumatic injury is charged as a felony under Idaho Code § 18-918. The maximum exposure listed in Idaho appellate case records for this felony is up to ten years in prison and a fine up to $10,000.
Attempted strangulation under Idaho Code § 18-923
Attempted strangulation is a separate felony charge in Idaho. In Idaho appellate decisions discussing this statute, the courts have stated that the prosecution does not have to prove an injury to establish attempted strangulation. The courts have also explained that the prosecution does not have to prove an intent to kill or injure. The intent required is the intent to choke or attempt to strangle, as described in the statute.
Relationship status can still matter in these cases. Idaho appellate decisions also note that Idaho Code § 18-923 uses the household member definition tied to Idaho Code § 18-918, and it can cover situations involving a dating relationship.
Attempted strangulation carries serious penalties. Idaho appellate records describing plea warnings list potential exposure of up to fifteen years in prison and a fine up to $50,000.
Prior convictions and enhancement risk
Prior convictions can change the ceiling on sentencing. Idaho Code § 18-918 includes an enhancement that, when its conditions are met, can raise maximum exposure to up to twenty years in prison and a fine up to $10,000. That is one reason we take an early look at criminal history, out-of-state records, and how the State is counting prior convictions.
Can Charges Be Filed Without the Alleged Victim’s Consent?
It’s a common misconception that the alleged victim must be willing to cooperate with prosecutors for someone to be charged with domestic violence. But the truth is that criminal charges are not controlled by the victim and do not require their consent. The prosecutor makes the decision whether to charge someone. While it’s true that Idaho domestic violence charges can be difficult to prove if the other party isn’t willing to cooperate with investigators or provide testimony, the case could very well go forward if there is enough other evidence or witnesses.
If you’ve been arrested for domestic violence, it’s critical that you contact an attorney as soon as possible to obtain legal representation, even if the other party says they will dismiss the charges. They don’t have the authority to do that, and you need an attorney working on your side who can start negotiating with prosecutors and preparing your defense.
No contact orders and civil protection orders in Boise
Domestic violence allegations often trigger court orders right away. These orders can control contact, distance, and even where you are allowed to live. Violations can create new criminal charges, even if the underlying domestic violence case is still being argued.
Criminal no contact orders under Idaho Criminal Rule 46.2
In many Boise domestic violence cases, the court enters a criminal no contact order. Idaho Criminal Rule 46.2 governs the process, including how a defendant may request a hearing if the order was issued while the defendant was not present.
Under the rule, the request must be filed within seven days of service. The court must hold a hearing within fourteen days after the request is filed. The standard court form for these orders also states that only a judge can modify the order.
Violating a no contact order is its own crime under Idaho Code § 18-920. The official form language warns that a violation can be punished by up to one year in jail and up to a $1,000 fine. It also warns that a third violation is treated as a felony punishable by up to five years in state prison and up to a $5,000 fine.
Civil protection orders under Idaho’s Domestic Violence Crime Prevention Act
Civil protection orders are different from criminal no contact orders. They come from a separate civil process under Idaho’s domestic violence protection statutes.
Idaho court bench materials describe an ex parte temporary protection order as lasting for a fixed period not to exceed fourteen days, with a full hearing set no later than fourteen days from issuance. The same materials describe the full hearing timeline as being within fourteen days of filing the petition.
After the full hearing, the court may issue a protection order for a fixed period that does not exceed one year. The bench materials also discuss the court’s ability to include temporary custody and visitation provisions where appropriate. In cases where child physical or sexual abuse is alleged, the bench materials state that the court must order an investigative report through the Idaho Department of Health and Welfare.
Violating a civil protection order can also become a criminal problem. Idaho court bench materials state that a violation of a protection order is a misdemeanor punishable by up to one year in jail and a fine not to exceed $5,000. The same materials state that a peace officer may arrest without a warrant for a protection order violation.
How we handle domestic violence defense in Boise
Domestic violence cases often turn on two things, the story and the proof. Police reports can be incomplete. People can remember the same moment differently. Emotions run hot, especially during breakups, co-parenting conflicts, or disputes over a shared home.
We take a practical, evidence-driven approach. We look for what the case file shows, what it leaves out, and what it contradicts. Some cases involve self defense. Some involve exaggeration. Some involve domestic violence accusations that do not match the timeline or physical evidence.
How we can help
- Early case review of police reports, photos, 911 audio, and body camera video, when available
- Order-focused guidance on no contact orders and civil protection orders, including preparing for hearings under Idaho rules
- Evidence testing in traumatic injury and attempted strangulation allegations, including timelines and medical records
- Hearing and motion practice aimed at weak evidence and unfair pretrial conditions
- Trial-ready representation when the case does not resolve on acceptable terms
Frequently Asked Questions
These matters fall under our Boise violent crimes practice.
