Basics of Domestic Violence Charges in Idaho

BASICS OF DOMESTIC VIOLENCE CHARGES IN IDAHO

By: Travis Rice Attorney at Law, PLLC

DOMESTIC VIOLENCE DEFINED

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Domestic violence is defined as certain acts which occur between "household members." Household members include anyone who is co-habitating, married and lives together, or anyone who has a child in common regardless if the parents were ever married. Be careful don't assume that you know what "co-habitation" means. It has been interpreted by the courts in a very broad way.

SOCIAL, POLITICAL, AND CULTURAL ISSUES SURROUNDING DOMESTIC VIOLENCE IN IDAHO

Domestic Violence is a highly divisive and controversial topic. People have just recently began to understand the problem and we are several years, if not decades, from a viable approach on how to help not only victims but also offenders. This means academics, judges, prosecutors, and police are still trying to develop ways to deal with it effectively. Its critical to understand how the social, political, and cultural pressures make Domestic Violence charges more complicated, especially here in Idaho. I hope this elevates some frustration if you are charged with Domestic Violence.

Idaho has a dark secret. We have a major problem with Domestic Violence. Here are some statistics, there are over 2 million cases of Domestic Violence reported a year and over 4.1 billion dollars in medical expenses spent treating the victims of Domestic Violence. In 2017, an Idaho State Police study found that there were 514 victims of Domestic Violence per day in Idaho. That same year 17 people died as a result of Domestic Violence and 5,774 incidents of Domestic Violence were reported that year. These figures were provided from the Women and Children's Alliance who got them from the Idaho State Police. Needless to say, we have a problem.

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Politicians and Prosecutors have lobbied to get tougher on Domestic Violence in Idaho by putting pressure on each other. In addition, social advocate groups have demanded judges and prosecutors must handle Domestic Violence cases more aggressively. This means tougher laws and tougher prosecutors fighting against your case. It takes a good Defense Attorney to stand up to them and it’s a very specialized area of law to practice and succeed at.

In short, don't be shocked when the prosecutor creates you out to be a monster. Prosecutors are just trying to fix the problem, and most often they do just what the Nampa Police or Caldwell Police tell them to do with a case. A die in the wool prosecutor might see putting you behind bars as justice, but another might be putting on a show for the advocate groups. Regardless of your prosecutor, its important to learn how it comes into play, and the pressures they are under.

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How does this come into play? While judges try to be impartial they are also human. Which means they all have their own biases and pre-conceived notions regarding Domestic Violence. Some judges may be extremely harsh others may be light or even indifferent to Domestic Violence. Not only judges but juries also have strong beliefs about Domestic Violence. Even in simple cases, it’s difficult to predict the outcome.

Give yourself an advantage by hiring a skilled Criminal Defense Attorney who specializes in Domestic Violence and who either practices or lives in the area where the offense occurred.

INFLUENCE ON THE VICTIM

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Victims sometimes do not want to press charges but are forced to. It is a mistaken belief that in Idaho you need "press charges," before someone is charged. That is not true. It think the myth comes from California where they do that. Here in Idaho, the State will press the charges regardless if the victim wants to or not. So once the police are called and begin investigating the crime, it is out of the victims hand and they are merely a witness in the case from that point forward.


Influence on the victim starts early. Often its directly after the event by the offender or by the police who investigate. Sometimes the first officer on the scene who talks to the victim asks "did he touch your neck," or "you didn't fall down the stairs did you?" Victims may feel pressured to tell police what they want to hear. This is especially true if victims are emotional at the time. The police are trained to ask questions and get responses they want. They also record every conversation.

A victim can also be influenced by the Defendant. Words like "don't come to court," "no face, no case" are dangerous and can cause other crimes for the perpetrator to be charged with. The belief among all of us is the Courts are a place of fairness and truth. No one should feel influenced by another person not to testify in Court truthfully. In Domestic Violence cases prosecutors can and often do charge a witness intimidation charge. You don't want that to happen. In my experience once these charges are tacked on, a defendant pleads guilty to remove them, which brings you back to square one. A witness intimidating charge also makes it harder to negotiate or modify the No Contact Order. To just sum it up, its best to stay away from the victim if you are the Defendant. 

Victim witness coordinators also play a role in inducing victims. The first thing a victim is assigned is a "victim witness coordinator." This person is supposed to guide the victim through the process. I have found in Canyon County, Ada County, Payette County, and Owyhee County that this does not occur. In reality it appears more like influence on the victim by educing the victim with the illusion of power and resources. Usually, the victim is asked to come to a nice fancy office and speak with them and the handling attorney. Most often the victim witness coordinators then, "help" the victim find "resources" like cell phones, bus tickets, and other freebies to entice them to cooperate with them. And victim witness coordinators rarely inform the victim that they can modify, terminate, or extend a no contact order upon request. They are also never told they can cooperate with the Defense or contact the Defense Attorney handling the alleged abusers case. This makes fighting your case more difficult especially if the victim is uncooperative with the prosecutor. So in short, they are more likely to cooperate with the Prosecutor to move forward. Most of the time, it cannot even be mentioned in Court. Its unfair and a problem, but at this point lets leave that aside.

POSSIBLE REDUCTIONS

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In Idaho, a prosecutors Domestic Violence case hinges on a victims testimony. Every prosecutor asks themselves "how credible is my victim" before stepping into that courtroom. The prosecutor knows the victim will have to take the stand against the accused unless certain unique circumstances find that testimony can be entered without the witness being available. This means, if the victim is overly emotional, not credible, or in some cases very unstable a prosecutor may think about reducing the charge. Its been my experience that playing chicken and setting the case for trial is the best way to reduce your charges.  

Also, reductions from a Domestic Violence Misdemeanor to a Disturbing the Peace is not uncommon; or a reduction from a Felony to a Misdemeanor, if there is a witness problem or lack of prior criminal history. Other witness or evidentiary problems can also reduce your case.  

PROTECTION ORDER V. NO CONTACT ORDER

Its important to understand the difference between a No Contact Order and a Protection Order. They are not the same thing. 
 

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A No-Contact Order is merely a piece of paper which protects a person from being contacted. Generally, it stays in place throughout the entire duration of a criminal case. Its important to note, the No Contact Order is not against both parties. This means it doesn't go both ways. A victim can contact you, you just cannot contact the victim. So its an Order or decision by the Court only effecting you, the Defendant. It is meant to be a safety precaution against witness intimidation and influence as well as physical safety for the victim.

No Contact Order violations occur fast, and they can be very serious. Here's a scenario, if you are accused of Domestic Violence and a No Contact Order is put into place and the victim calls you while you are in the jail and you don't hang up immediately, that is a new crime against you. Its called "Violation of a No Contact Order." Because they are easily proved, a No Contact Order violation almost always results in a conviction. I

An important note is that all jail calls are recorded. Don't get caught with a crazy girlfriend or wife trying to contact you via jail phone, if you pick up and speak to her, your the one getting in trouble. This is a common trick by the angry ex-wife or husband to get you in trouble. Avoid breaking the No Contact Order! 

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A protection order can be something everyone can do. A protection order is against two people where they cannot contact each other. It is a civil remedy with criminal consequences, and is more temporary. 

You may be wondering...can my no contact order be modified or terminated? You betcha! A VICTIM can modify the No Contact Order as many times as they would like. However, a No Contact Order will most likely not be granted until the Victim can prove to the Court that it is safe to modify. In most situations it requires taking a safety planning class and proving to the Court that its safe to have the No Contact Order modified. 

IMPORTANCE OF A LOCAL CRIMINAL DEFENSE ATTORNEY

Domestic Violence is highly complex. Its very important to get a local Defense Attorney who specializes in Criminal Law. It also requires the right lawyer for the job. A lawyer who cannot communicate with both the victim, judge, and Defendant is not the person you want. You want someone who can communicate with everyone and who has a good reputation in the community. 

If your case occurred in Canyon, Owyhee, Payette, or Ada County, please consider me as your representative.

FOOTNOTES

http://www.wcaboise.org/about-us/statistics/