Bannock County Prosecutor Gavel

Bannock County Prosecuting Attorney

Home Site Map Map
 

Domestic Violence Services


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:

  1. 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)

  2. 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)

  3. 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:

  1. possess a firearm and/or ammunition while subject to a qualifying Protection Order (Title 18, United States Code, section 922(g)(8))

  2. 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.


ADDITIONAL RESOURCES

The Idaho Council on Domestic Violence & Victim Assistance provides assistance to victims and to victim advocates. They have a wealth of information on web site which can be accessed by clicking this link to the Council web page.

The National Center for Victims of Crime also has useful information on various topics.

The American Prosecutor's Research Institute also has information to assist prosecutors and victim advocates, including research, technical assistance, and publications.

The National Coalition Against Domestic Violence has information on dealing with domestic violence and resources for assisting victims of domestic violence.

National Victim Center - 1-(800)-FYI-CALL

The National Organization For Victim Assistance is a national clearinghouse for victim assistance information and resources.


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.

 

Quick Links

  Home Map to Our Office Site Map
  Office Overview Public Information Bannock County Links
  Attorneys Resources 6th District Court
  Agency Advisor Special Policy Areas Bannock County
  Civil Prosecutions Staff Public Defender
  Criminal Prosecutions Tribal Relations Domestic Violence
  Drug Courts Victim Services Juvenile Justice
  Laws of Special Interest Witness Services Juvenile Detention

Bannock County Prosecuting Attorney
P.O. Box P, 624 East Center - Pocatello, Idaho 83201
Phone:  (208) 236-7280 Fax:  (208) 236-7288