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Domestic Violence 

When an assault or battery is allegedly committed against a "household member," it is considered domestic violence in Idaho and is punishable by law. A spouse, ex-spouse, someone you live with, or someone you have a child with can all be considered household members.

As soon as a crime is classified as domestic violence, the penalties are increased. If it is claimed that a child was present when the crime was committed, the severity of the punishments will also increase. You must find a knowledgeable attorney early to help you with your case.

Types of Domestic Violence in Idaho

Domestic Assault

  • Attempt to injure another person in your household

  • The threat of violently injuring another person, coupled with the ability to do so, in a way that creates fear for their personal safety.

Domestic Battery

  • The use of force against another person in your household

  • Intentionally touching or striking another person against their will

  • Intentionally causing bodily harm

Attempted Strangulation (Idaho Code §18-923)

  • Intentionally choking or attempting to strangle a household member or someone you are in a dating relationship with or have been in a relationship in the past.

  • Injury is not necessary to prove attempted strangulation in court

  • Can still be charged without intent to murder

Traumatic Injury (Idaho Code §18-918 (1b))

  • An external or internal injury against a person within your household

  • Can be either a serious or minor injury to be considered traumatic

The classifications of domestic violence in Idaho are extremely important and can have a dramatic impact on what penalties you face. Domestic violence charges often involve the court issuing a no contact order that precludes any contact with the alleged victim and no return to residence. At Larsen Law Office, we have the experience necessary to defend you against any and all domestic violence charges. We can help get the no contact order modified or dismissed. Any of the penalties outlined below can have a huge impact on your relationships, job, and can leave you with a criminal record. You don’t need to face this alone.

Penalties for Domestic Violence in Idaho

  • First Offense

    • Misdemeanor

    • Fines up to $1,000, and/or up to 6 months in county jail

  • Second Offense within 10 Years

    • Misdemeanor

    • Fines up to $2,000 and/or up to 1 year in county jail

  • Third Offense within 15 Years

    • Felony

    • Fines up to $5,000 and/or up to 5 years in the state prison

  • Fourth Offense and Beyond within 15 Years

    • Felony

    • Fines up to $10,000 and/or up to 10 years in the state prison

  • Offense Resulting in Traumatic Injury

    • Felony, regardless of if this is your first offense

    • Fines up to $10,000 and/or up to 10 years in an Idaho State Prison

Attempted Strangulation

  • Felony

  • 15 years in an Idaho State prison

If any of the above occurs in the presence of a child under the age of 16, the penalties listed above are doubled.

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