Domestic Violence Lawyer in Boise, ID
Ada County Domestic Battery Defense. Free Consultations.
In Boise, facing domestic violence charges is extremely serious. Any accusations of domestic violence can have long-term repercussions, potentially affecting your entire future. Aaron Hooper is a Boise domestic violence lawyer who can provide knowledgeable, effective assistance with your case.
The Role of the Boise Legal System in Domestic Violence Cases
When dealing with domestic violence accusations in Boise, it is crucial to grasp how the local legal system functions. The Ada County Courthouse frequently handles these cases, working closely with local law enforcement and social services to ensure comprehensive case management. Judges in Boise are highly experienced, understanding the nuanced elements of domestic violence circumstances.
Having a knowledgeable domestic violence attorney who is familiar with the tendencies and expectations of Boise judges can provide a significant advantage in court proceedings. At Aaron Hooper, Attorney at Law, we utilize our extensive local knowledge to develop defense strategies that resonate with area-specific procedures and legal expectations.
Why People Choose to Work With Us
- Strategic & Experienced Legal Defense
- Available 24/7 for Your Legal Needs
- Quality Representation from Start to Finish
- Spanish-Speaking Services Available
- Experienced Former Prosecutor
Ready to defend your rights in a Boise domestic violence case? Message us online or call us 24/7 at (208) 271-9551.
How is Domestic Violence Defined in Idaho?
The state of Idaho takes charges like these extremely seriously. In some cases, however, individuals are falsely accused when they haven’t done anything wrong. The accuser may also exaggerate what took place, embellishing the story or making up details to make someone’s behavior seem far worse than it was.
In Idaho, the term “domestic violence” is used to describe situations where assault and battery are committed against a person with whom you have some form of a domestic relationship. In most cases, this is a romantic relationship between spouses, someone with whom you have a child in common, or between girlfriends and boyfriends who live together.
Recently, states have taken a far more serious approach to crimes involving domestic violence. Many cases have come to light where victims were killed after being abused by their partner for days, months, or years. Victims are commonly afraid of telling anyone about crimes like these, because of that, anytime a victim comes forward, the courts are extremely likely to believe them. Unfortunately, this has led to situations where people accused of domestic violence are assumed guilty until they can prove their innocence instead of the other way around.
What Sets Us Apart
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Available 24/7 for Your Legal Needs
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Quality Representation from Start to Finish
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Spanish-Speaking Services Available
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Experienced Former Prosecutor
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“Aaron got me a extremely good deal which was pleading quietly to one misdemeanor possession of a concealed weapon with out a permit and one probation violation.”Former Client
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“One of the most honest and quality practices you can find. You will not regret your decision to go with Hooper!”Andrew H.
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“His knowledge of criminal law is outstanding. I truly enjoyed working with him and look forward to future opportunities to see him in the courtroom.”Kristin C.
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“Mr. Hooper won an incredibly challenging case for us; one that could only be best described as miraculous.”A. F.
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“Excellent! Aaron was recommended by an attorney friend, and exceeded my hopes for our case. Aaron was pro-active, timely, kept his word, and worked out a better result than even imagined.”Former Client
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“I am happy to recommend Hooper Law Offices to anyone in need. I have watched Aaron Hooper in court. He has passion, he knows the law, and he is an excellent trial attorney.”Justin P.
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“Best Criminal Defense EVER! Knowledgeable, Dependable, Professional, and Caring. Aaron exceeded all of my expectations and was a true blessing.”Former Client
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“Aaron Hooper is very knowledgeable about criminal law and easy to deal with. I would highly recommend him to anyone looking for an attorney.Andrew H.
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Domestic Battery
Touching a “household member” to harm them or in an unwanted way qualifies as domestic battery in Idaho.
The legal definition of domestic violence is quite broad. This is intentional. Domestic violence laws are designed to protect against abuse for household members and their children. While these laws are important, problems can occur. If anyone accuses you of domestic violence, you can be charged, whether or not the accusations are true.
When domestic violence convictions occur, they usually result in harsh penalties. In felony domestic violence cases, you could be fined as much as $20,000 and could face as many as 20 years in prison. Cases involving major bodily injuries usually involve felony charges.
The majority of domestic violence cases are classified as misdemeanors. Even though they are misdemeanors, these cases still have harsh repercussions that can include:
- A fine of $1,000 and up to six months in jail for a first offense
- In cases involving a previous conviction during the last decade, the jail time extends to up to one year, and the fine increases to $2,000
- In cases involving two previous convictions that occurred in the past fifteen years, the fines increase to $5,000, and you could find yourself facing up to five years in state prison
- When children are present to witness the abuse, the penalties above double
Considering how harsh the punishments are for domestic violence cases, working with an experienced domestic violence defense attorney like Aaron Hooper is essential.
Understanding the scope of domestic battery charges and the resulting consequences is crucial for defendants in Idaho. Being informed about possible outcomes and legal paths forward can prepare individuals to take a proactive stance in their defense strategy, ensuring that they are aligned with the legal options best suited to their circumstances.
Attempted Strangulation
Attempted Strangulation is a charge in Idaho that is often difficult to understand, but is often charged. This charge is one of the most frequently charged types of cases when dealing with Domestic Violence. What they are claiming when prosecutors charge Attempted Strangulation is that the accused put their hands around the throat or neck of a victim, or that they tried to suffocate that victim by some form or another. The way the charge sounds, it may seem like this charge is akin to Attempted Murder; however, it is not. The state does not need to prove that the accused attempted to actually strangle the victim, just that they put pressure around their neck or put something over their face that was suffocating the victim.
Attempted Strangulation does not just extend to “Household Members,” it applies to those in a “Dating Relationship” as well. A dating relationship is a much easier standard to meet than household members. The court can determine if a dating relationship existed by looking at the following facts:
- The nature of the relationship
- The length of time the relationship existed
- The frequency of interaction between the parties; and
- The time since termination of the relationship, if applicable.
Attempted Strangulation brings with it serious penalties, with a maximum time in prison of up to 15 years. However, there are always two sides to every story, and these cases can be difficult for prosecutors to prove. It is important to get a lawyer quickly if you are facing charges for Attempted Strangulation.
Understanding No Contact Orders & Civil Protection Orders
No Contact Orders
Whenever someone is charged with a crime of domestic violence, the court will typically order that the person charged have No Contact with the alleged victim in the case. These orders will often prevent the individuals charged from returning to their homes, from seeing family members, or even their children.
The consequences of violating a No Contact Order are significant and may become a new misdemeanor charge in Idaho with a maximum penalty of 1 year in jail and $1,000 fine. Additionally, an individual who is subject to a No Contact Order may have their gun rights impacted.
Understanding the implications of a No Contact Order is vital. If imposed, it not only affects familial relationships but also impacts employment status and social standing. Consulting with a legal professional ensures clear comprehension of such orders and strategies for modification or defense.
Civil Protection Orders
Even when formal charges have not been filed, an alleged victim of domestic violence may request a Civil Protection Order preventing an individual from having contact with them or being near them. Civil Protection Orders are presented to a judge, and they will decide at a hearing whether the civil protection order should be granted. Once the Civil Protection Order is granted, it can last up to one year and may be renewed on an annual basis.
Attempted Strangulation does not just extend to “Household Members,” it applies to those in a “Dating Relationship” as well. A dating relationship is a much easier standard to meet than household members. The court can determine if a dating relationship existed by looking at the following facts:
- The nature of the relationship
- The length of time the relationship existed
- The frequency of interaction between the parties; and
- The time since termination of the relationship, if applicable.
Attempted Strangulation brings with it serious penalties, with a maximum time in prison of up to 15 years. However, there are always two sides to every story, and these cases can be difficult for prosecutors to prove. It is important to get a lawyer quickly if you are facing charges for Attempted Strangulation.
Understanding No Contact Orders & Civil Protection Orders
No Contact Orders
Whenever someone is charged with a crime of domestic violence, the court will typically order that the person charged have No Contact with the alleged victim in the case. These orders will often prevent the individuals charged from returning to their homes, from seeing family members, or even their children.
The consequences of violating a No Contact Order are significant and may become a new misdemeanor charge in Idaho with a maximum penalty of 1 year in jail and $1,000 fine. Additionally, an individual who is subject to a No Contact Order may have their gun rights impacted.
Understanding the implications of a No Contact Order is vital. If imposed, it not only affects familial relationships but also impacts employment status and social standing. Consulting with a legal professional ensures clear comprehension of such orders and strategies for modification or defense.
Civil Protection Orders
Even when formal charges have not been filed, an alleged victim of domestic violence may request a Civil Protection Order preventing an individual from having contact with them or being near them. Civil Protection Orders are presented to a judge, and they will decide at a hearing whether the civil protection order should be granted. Once the Civil Protection Order is granted, it can last up to one year and may be renewed on an annual basis.
Intimidating a Witness
Witness intimidation charges are frequently brought in domestic violence cases. The reason is that, often times couples will reconcile after a fight, and the accused may tell the victim (spouse, girlfriend, etc.) to tell the prosecutor to drop the charges or to change their story so the case goes away. This type of charge is often used by prosecutors to force an accused to plead guilty to a misdemeanor case.
Misdemeanor Domestic Battery cases are difficult for prosecutors to win because there are often no injuries as proof of the battery; they depend solely on the word of the individuals involved. When the state’s case is going sideways, and they have evidence of Witness Intimidation, which is a felony. They will use that to force a plea bargain because typically an accused will not want to face felony charges if they can handle the charges as a misdemeanor.
Intimidating a Witness in a criminal case is a felony with a maximum penalty of 5 years in prison.
The Importance of Fighting Idaho Domestic Violence Charges
In Idaho, legal representation is a must if you are facing domestic violence charges or if you were recently served with a Civil Protection Order. Aaron Hooper is a Boise criminal defense lawyer who can help ensure that your rights are protected.
When a No Contact Order or Civil Protection Order is granted, it may limit your ability to see your children or to live in your home. Being convicted of domestic violence or violating a No Contact Order or Civil Protection Order can not only cause problems in your family, but it can also create major issues in your life. You may have a hard time getting hired with the conviction on your record. Finding a place to rent may also be difficult.
In terms of your family, it is almost impossible to maintain a relationship with your children when charges like these occur. You may experience other difficulties when trying to buy a firearm or obtain a hunting license. Convictions for felony domestic violence in Idaho typically lead to fines, jail time, and required classes on anger management. Probation for charges like these can continue for a long time, as well.
Involving a domestic violence lawyer as soon as possible post-charge can greatly influence the outcome of your case. By preparing a robust defense or negotiating plea deals, securing experienced legal support means advocating for the just treatment you deserve.
Mounting An Effective Defense In A Domestic Violence Case
A criminal defense lawyer in Boise, Idaho, may be able to negotiate reduced charges with the prosecuting attorney’s office. In some cases, they may even be able to get your entire case dismissed. Aaron Hooper always works hard to achieve case dismissal for our clients.
Frequently Asked Questions
What Should I Do If I Am Falsely Accused of Domestic Violence in Boise?
Being falsely accused of domestic violence is a challenging and stressful situation. If faced with such accusations in Boise, the first and most crucial step is to remain calm and refrain from any form of heated confrontation with the accuser, as this could potentially exacerbate the situation. Instead, immediately contact a legal professional to discuss your case in detail.
Gather any evidence that may support your innocence, such as text messages, emails, or witness testimonies, and document your whereabouts during the alleged incident. Avoid contacting the accuser directly and adhere to any legal orders, such as protection or no-contact orders, even if unfounded. Allow your attorney to communicate on your behalf to prevent further complications. Engaging a knowledgeable attorney familiar with Boise’s legal system ensures that your rights are defended and strategic steps toward resolution are pursued.
How Do Boise Courts Handle Repeat Domestic Violence Offenders?
In Boise, repeat offenses of domestic violence are treated severely, due to the potential risk to public safety. The Ada County courts impose harsher penalties on defendants with previous convictions, reflecting the seriousness of repeated offenses. Typically, such cases may be elevated to felony charges based on the number of prior convictions, potentially leading to lengthy prison sentences and substantial fines. Additionally, the courts may mandate participation in anger management programs or community service as part of rehabilitation efforts. Recognizing the pattern of repeat offenses, Boise courts aim to implement structured interventions designed to prevent future incidents, prioritizing both punishment and reform. Working with an attorney who understands these escalated consequences is crucial to navigating the legal process effectively and exploring any available defenses or mitigating factors.
What is The Best Defense for Domestic Violence Charges?
Effective defenses against domestic violence charges in Boise often hinge on the circumstances surrounding the alleged incident. Common defenses include demonstrating that the accusations are false or the result of misunderstandings, highlighting discrepancies in the accuser's story, or proving self-defense.
Additionally, if evidence indicates that the allegations are motivated by ulterior motives, such as custody disputes or personal vendettas, an attorney can use these factors to challenge the credibility of the claims. It is also possible to argue a lack of evidence or misidentification.
Are Assault, Battery, and Domestic Violence Treated Differently in Idaho?
In Idaho, there are differences in how assault, battery, and domestic violence cases are handled. In situations where a member of the household is injured as a result of a battery, even if the injuries seem minor, the battery may be considered as a Domestic Battery with Traumatic Injury.
Anyone found guilty of this crime can face up to a $10,000 fine, 10 years in prison, or a combination of the two based on the events that occurred. These penalties can be doubled under I.C. 18-918(4) if the Domestic Battery is committed in the presence of children.
On the other hand, if the household member is not injured in the assault or battery, the case is typically treated as a misdemeanor. The only exception is in situations where the accused has previously been convicted of domestic violence. When facing a second conviction, the penalties are more severe. For third offenses or beyond, the case may be prosecuted as a felony.
The term “household member” is used to describe a spouse, an ex-spouse, someone living with the offender, or a person with whom the offender has children. (Idaho Code § 18-918.)
Anytime you are arrested for domestic violence, you need to make sure that you fully understand your rights and that you know exactly what charges you are facing. Domestic violence laws in Idaho are complicated and often carry significant punishments. Never try to handle your case by yourself. Instead, contact a qualified criminal defense lawyer such as Aaron Hooper for legal assistance.
Assault and Battery are illegal, regardless of who it is committed against. In cases involving domestic partners, however, the domestic violence cases are treated much more seriously.
Domestic Violence Charges Don’t Have To Ruin Your Life
If you are facing domestic violence charges, a qualified attorney in Idaho can make a big difference in the outcome of your case. Your reputation, your freedom, and your entire future are on the line, which is why it is essential to work with the right lawyer.
Ready to defend your rights with a Boise domestic violence attorney? Call us 24/7 at (208) 271-9551.