24-HOUR HOTLINES
Victims of Domestic Violence can obtain help by contacting one of the following
service providers:
- Pocatello
- 251-4357 (Family Service Alliance of
Southeast Idaho)
- Pocatello - 235-2525 (Bright Tomorrows)
- Blackfoot - 681-8712 or 681-8713; special
Spanish line 681-8715 (Bingham Crisis Center)
- Idaho Falls - 521-6018 or 1-888-522-7046
(Rape Response & Crime Victim Center)
- Idaho Falls - 235-2412 or 1-800-497-8273
(Domestic Violence Intervention Center)
- Fort Hall - 478-3746 or dial the pager
at 782-1522 (Shoshone/Bannock Tribes Victims
of Crime Services)
- Statewide - 1-800-669-3176 (Idaho State
Domestic Violence Hotline)
- National - 1-800-799-7233 (National Domestic
Violence Hotline)
SHELTERS AND TREATMENT PROVIDERS
- Family Service Alliance of Southeast Idaho
- 454 North Garfield Ave., Pocatello, Idaho
83201; (208)232-0742
- Bright Tomorrows - 956 East Maple, Pocatello,
Idaho 83201; (208)234-2646
- Bingham Crisis Center - 823 West Bridge,
Blackfoot, Idaho 83221; (208)785-1047
- Shoshone/Bannock Tribe Victims of Crimes
Services - P.O. Box 306, Fort Hall, Idaho 83203;
(208)478-3746
- Domestic Violence Intervention Center - 1050
Memorial Drive, Idaho Falls, Idaho 83402; (208)529-4352
- Rape
Response & Crime Victim Center - 482 Constitution
Way, #B11, Idaho Falls, Idaho 83402; (208)522-7016
PROTECTION ORDERS OR "DOMESTIC VIOLENCE ORDERS"
Idaho's laws regarding the obtaining of civil protection orders
(in the context of domestic violence) are found in the Domestic Violence
Crime Prevention Act, which is located at Idaho Code 39-6301 through
39-6317. Each of the statutes in the Act can be viewed by clicking on the number
which corresponds to the statute title listed below.
39-6301
SHORT TITLE
39-6302
STATEMENT OF PURPOSE
39-6303
DEFINITIONS
39-6304
ACTION FOR PROTECTION
39-6305
FEES WAIVED
39-6306
HEARING ON PETITION FOR PROTECTION ORDER -- RELIEF PROVIDED AND REALIGNMENT
OF DESIGNATION OF PARTIES
39-6306A
OUT-OF-STATE ORDERS -- PRESUMED VALID -- REGISTRATION -- FULL FAITH AND
CREDIT
39-6307
SECURITY
39-6308
EX PARTE TEMPORARY PROTECTION ORDER
39-6309
ISSUANCE OF ORDER -- ASSISTANCE OF PEACE OFFICER -- DESIGNATION OF
APPROPRIATE LAW ENFORCEMENT AGENCY
39-6310
ORDER AND SERVICE
39-6311
ORDER -- TRANSMITTAL TO LAW ENFORCEMENT AGENCY -- RECORD IN IDAHO LAW
ENFORCEMENT TELECOMMUNICATIONS SYSTEM -- ENFORCEABILITY
39-6312
VIOLATION OF ORDER -- PENALTIES
39-6313
ORDER -- MODIFICATION -- TRANSMITTAL
39-6314
PEACE OFFICERS -- IMMUNITY
39-6315
PROCEEDINGS ADDITIONAL
39-6316
LAW ENFORCEMENT OFFICERS -- TRAINING, POWERS, DUTIES
39-6317
SEVERABILITY
Actions to obtain protection orders are separate from the
criminal proceedings handled by the prosecutor's office. The prosecuting
attorney's office does not file for civil protection orders or represent victims
of crime in cases involving protection orders. People seeking these types of
orders must get help from a private attorney. Some assistance can be obtained by
contacting one of the service providers listed in the "Getting Legal Assistance"
section found further down on this web page.
Idaho Code
9-6312 makes violation of a civil protection order a misdemeanor violation
punishable up to one year in jail and a $5,000 fine.
There is no court filing fee required to seek a civil protection
order. Court forms pertaining to civil protection orders can be obtained from
the magistrate clerk's office at the courthouse or clicking this printable
protection order application link. The Court Assistance Project, created by
the Idaho Supreme Court, has an application form available on the internet that
can be filled out online, printed, and taken by the applicant to the courthouse
for filing. This online application is very user-friendly and walks the user
through the application process and provides information on what does and does
not qualify under the governing statutes. To use the Court Assistance Project
form, click on this online protection order application
link. A civil protection order application and other court forms regarding
protection orders can be viewed and downloaded by clicking this link to the
Idaho Supreme Court web site. The forms available on the Supreme Court web
site include applications to modify, terminate or renew an existing protection
order and a notice of hearing,
Idaho Code
18-5414 makes it a misdemeanor to to intentionally give or cause to be given
false statement in the application for a restraining order.
A civil protection order is a separate order from a "no contact"
order entered against a defendant in a criminal case. The fact that one order
has been withdrawn or dismissed does not automatically cause the other to be
dismissed or withdrawn.
NO
CONTACT ORDERS
No contact orders are issued by judges in criminal cases. The
Idaho Code specifically provides for the issuance and handling of such orders in Idaho Code 18-920
through 18-922. You can review these statutes by clicking on the number that
corresponds to the statute title listed below.
18-920
VIOLATION OF NO CONTACT ORDER
18-921
PEACE OFFICERS -- IMMUNITY
18-922
ORDER -- TRANSMITTAL TO LAW ENFORCEMENT AGENCY
The crimes to which a no contact order typically apply are
assault, aggravated assault, battery, aggravated battery, assault or battery
with intent to commit a serious felony, domestic assault and battery
(misdemeanor and felony) and phone harassment.
No-contact orders have the same effect as a civil protection
order. However, they may not be as detailed as civil protection orders or
address issues such as child custody and possession of certain property of the
parties. The prosecutor may ask for the court to enter a no-contact order in
order to prevent or limit the defendant's contact with the victim and with
witnesses.
A no-contact order is in addition to a civil protection. The
fact that one has been withdrawn or dismissed does not simultaneously cause the
other order to be withdrawn or dismissed.
Requests to impose or withdraw must come from the prosecutor's
office or the defendant. The victim does not have a right to intervene in the
criminal proceeding to address the terms or existence of a no-contact order.
This is because the victim is not a party to the criminal proceeding and always
possesses the right to obtain a civil protection order or a restraining order in
civil court if necessary. Furthermore, there may be reasons why the prosecution
believes that the no-contact order should be in place when the victim does not.
Especially in cases of domestic violence where the victim may be unwilling, for
whatever reason, to follow through with a prosecution, the prosecutor's office
and the victim may very well disagree with the need for a no-contact order. In
such cases, the prosecutor should be contact and/or the defendant needs to file
the appropriate request with the court.
FEDERAL VIOLENCE AGAINST WOMEN ACT
In 1994, Congress passed the Violence Against Women Act ("VAWA")
to address domestic violence nationwide. The VAWA was amended in 1996 and 2000.
It is a violation of
VAWA to:
-
cross state lines or enter or leave Indian country and
commit or attempt to commit a crime of violence against an "intimate
partner" (Title 18, United States Code, section 2261)
-
cross state lines to stalk or harass or to stalk or harass
within the maritime or territorial lands of the United States (which
includes military bases and Indian country) or to stalk by mail or computer
(Title 18, United States Code, section 2261A)
-
cross state lines or enter or leave Indian country and
violate a qualifying Protection Order (Title 18, United States Code, section
2262)
Generally, federal law recognizes an "intimate partner" as a
spouse, a former spouse, a person who shares a child in common with a victim, or
a person who cohabits or has cohabited with the victim.
A Protection Order generally "qualifies" under Section 2262 if
reasonable notice and an opportunity to be heard was given to the person against
whom the court order was entered and if the order forbids future threats of
violence. The United States Attorney's Office will examine the case and
determine whether the Protection Order qualifies under Section 2262.
A violation of VAWA, has a maximum prison term of five years to
life. The amount of the sentence is greatly influenced by the seriousness of the
bodily injury caused or attempted by the defendant. In addition, in a VAWA case,
the Court must order restitution to pay the victim the full amount of losses.
These losses include costs for medical or psychological are, physical therapy,
transportation, temporary housing, child care expenses, lost income, attorney's
fees, costs incurred in obtaining a civil protection order, and any other losses
suffered by the victims a result of the offense.
The federal victim rights statute is located at 42 U.S.C.
Section 10606(b).
Violations of the VAWA should be reported to the local Federal
Bureau of Investigation ("FBI") office. The local offices for Bannock County
are: Pocatello - 237-8815 / Idaho Falls 522-5921.
The United States Attorney's Office can be contacted at
1-888-895-1036 (for Kristi McKnown, Victim-Witness Coordinator) or (208)
334-1211 (for Jim Peters, Assistant United States Attorney, VAWA Point of
Contact).
You can access the text of the VAWA and other important federal
legislation through the
Violence Against Women Office
of the U.S. Department of Justice, Office of Justice Programs.
FEDERAL GUN CONTROL ACT
In 1994 and 1996, Congress passed changes to the Gun Control Act
to address domestic violence situations. It is a violation of the Gun Control
Act to:
-
possess a firearm and/or ammunition while subject to a
qualifying Protection Order (Title 18, United States Code, section
922(g)(8))
-
to possess a firearm and/or ammunition after a conviction of
a qualifying misdemeanor crime of domestic violence (Title 18, United States
Code, section 922(g)(9))
A Protection Order generally "qualifies" under Section 922(g)(8)
if reasonable notice and an opportunity to be heard was given to the person
against whom the court order was entered and if the order forbids future threats
of violence. The United States Attorney's Office will examine the case and
determine whether the Protection Order qualifies under Section 922(g)(8).
For purposes of Section 922(g)(9), a conviction will generally
be a "qualifying" domestic violence misdemeanor if the conviction was for a
crime committed by an intimate partner, parent or guardian of the victim that
required the use or attempted use of physical force or the threatened use of a
deadly weapon. There are other legal requirements as well. The United States
Attorney's Office will examine the case and determine whether the prior domestic
violence misdemeanor conviction qualifies under Section 922(g)(9).
A violation of the Gun Control Act, has a maximum prison term of
ten years. In addition, the Court may order restitution to be paid to the
victim.
The federal victim rights statute is located at 42 U.S.C.
Section 10606(b).
Violations of the Gun Control Act should be reported to the
local Alcohol, Tobacco and Firearms ("ATF") office. The Idaho office of ATF can
be contacted at (208) 334-1983.
The United States Attorney's Office can be contacted at
1-888-895-1036 (for Kristi McKnown, Victim-Witness Coordinator) or (208)
334-1211 (for Jim Peters, Assistant United States Attorney, VAWA Point of
Contact).
You can access the text of the VAWA and other important federal
legislation through the Violence Against Women Office
of the U.S. Department of Justice, Office of Justice Programs.
GETTING LEGAL ASSISTANCE
You can consult the local yellow pages of the telephone
directory when attempting to locate an attorney to assist them. Or use a web
site such as Qwest's searchable Internet White and Yellow
pages.
The Idaho State Bar also has
information on obtaining legal assistance. The State Bar has made available a
Consumer's Guide To Idaho Lawyers which can be clicking this link to their Online Consumer
Guide.
The Idaho State Bar also has a Lawyer Referral Service.
The service works by matching you with an attorney in your area of the state who
handles the kind of case you have. The referral itself is free of charge and you
receive a reduced charge for your first half hour consultation. You can contact
the Lawyer Referral Service by clicking on this referral form
application link and submitting a request, by calling the Idaho State Bar at
(208) 334-4500, or by writing the Idaho State Bar at P.O. Box 895, Boise, Idaho,
83701.
Many victims of domestic violence are unable to afford to hire
private counsel to assist them. Below you will find resources that are available
to low-income persons to obtain legal assistance.
The Idaho Volunteer Lawyers
Program was founded by the Idaho State Bar and is a service of the Idaho Law
Foundation. IVLP helps individuals access the legal system and provides advice,
consultations, or case representation for low income persons. The IVLP provides
direct legal services to applicants who qualify financially under federal income
guidelines and according to program priorities in those types of civil cases for
which legal help is not available through either through Idaho Legal Aid
Services. You can learn more about the program by visiting the following link to
the Idaho Volunteer Lawyers
Program. You can contact IVLP by accessing their online application form at
this IVLP Application Form
link, then print and mailing the form to the Idaho Volunteer Lawyers Program at
P.O. Box 895, Boise, ID 83701-0895 or fax it to the IVLP at (208) 334-4515. You
can also contact the IVLP at (208) 334-4510 or 1-800-221-3295 (toll free, Idaho
only). There is also a Modest Means Program for those individuals of moderate
income who could otherwise not afford an attorney. Call the Idaho State Bar at
(208) 334-4500 for an application.
Idaho Legal Aid Services, Inc.
provides services to low income persons. Their web site can be accessed in
English and Spanish. It has a wealth of information on obtaining legal services
including several downloadable pamphlets
on various topics of interest to victims of domestic violence. Idaho Legal
Aid provides a Domestic Violence Legal
Advice Line. You can obtain more information about the advice line by
clicking the preceding link or by calling the advice line at 1-877-500-2980.
Idaho Legal Aid has offices at 482 Constitution Way, Suite 101, Idaho Falls,
Idaho, 83402, (208) 524-6603 and at 150 South Arthur, Suite 203, P.O. Box 1785,
Pocatello, Idaho 83204 (208) 233-0079.
The Court Assistance Offices
Project created by the Supreme Court can also provide assistance, including
certain court forms. Information about the project can be accessed by clicking
the link in the preceding sentence. Each judicial district has local attorneys
assigned to each county as a court assistance officers. You can find a list of
court assistance officers by clicking on the Supreme Court's Roster link, by contacting
the District Wide Court
Assistance Officer, or by contacting the Sixth Judicial District's Trial
Court Administrator's Office at 236-7067. The project has both downloadable
pamphlets and videos, available in English and Spanish, to assist victims of
domestic violence on a range of topics. These pamphlets can be accessed by
browsing the page at this link to the pamphlet section of the
Project's web site. Downloadable videos are in a .ram format and can be accessed
by clicking on this link to the downloadable videos section
of the Program's web site and looking at the bottom of the web page.
The Idaho Supreme Court has various materials available on the
court system and various topics in addition to those available on the Court
Assistance Office Project. These pamphlets can be viewed at this Idaho Supreme Court
link.
DOMESTIC VIOLENCE EVALUATORS
Domestic violence evaluators perform an investigation and use
various tests and evaluation tools to arrive at opinions about a person's
propensity to commit domestic violence, their rehabilitative potential, and
recommend necessary treatment tools that the person should follow. In the case
of criminal defendants convicted of domestic violence, the law requires that the
person obtain a domestic violence evaluation prior to sentencing.
The Idaho Supreme Court maintains a list of certified domestic
violence evaluators at the Supreme Court web site. You can view a list of these
evaluators by visiting the following link to the Idaho Supreme Court
web site. You can also obtain a list, which is sometimes more current that
the Supreme Court's list, by contacting or stopping by the magistrate court
clerk's office at the courthouse.
