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Giving You a Fair Chance
Your life can be irreversibly changed if you are charged with violating a no-contact order. Domestic violence charges are some of the most complex and tricky legal situations to be caught in. While no one wishes to impugn victims of this crime, there are many false accusations and biases against those accused. For those trapped in this situation, violating unfair no-contact orders may seem the only way to see their kids or deal with other issues. A lapse in judgment shouldn’t upend your life.
The criminal defense attorneys at Tatum Wysocki Law are compassionate, skilled, and knowledgeable of Idaho criminal law. Idaho domestic relations laws are complex and nuanced, and the state takes domestic violence seriously, strongly pursuing the claims of accusers. The prosecution does not consider that, in many cases, these accusations were made out of a desire for retribution. We know every case is unique; sometimes, good people get caught up in an imperfect system. Call Tatum Wysocki Law today for a free consultation at 208-584-2590.
What Are Idaho Domestic Violence Laws?
The Idaho definition of domestic battery/domestic assault is broad. It is intentional physical harm, threats of harm, or deliberate or reckless bodily injury to a household member. Household members are not restricted merely to spouses and children. They are anyone sharing the same living space, and according to Idaho case law, in a romantic relationship. It also applies to a spouse, former spouse, those who are unmarried but share children, or even a boyfriend or girlfriend. It applies to opposite-sex and same-sex relationships. Attempted Strangulation applies to all of the above-described relationships and also those not cohabitating, but in a dating relationship. The broad definitions allow for a wide range of individuals being subject to the domestic violence laws.
No-contact orders are an arm of these laws that cover the same group of people and criminalize contact from those accused of committing domestic violence against them.
Idaho criminal law allows individuals charged with domestic violence crimes to face additional accusations, such as battery, sexual assault, burglary, criminal trespassing, or witness intimidation. The system of umbrella charges often traps people within the criminal justice system unfairly.
There is an inherent bias in the court system favoring the victims and alleged survivors of domestic violence, and those who have truly suffered deserve our belief and compassion. Recognizing that one might be a false accuser is crucial. Those who are falsely accused also have rights that must be fiercely protected.
What is a No-Contact Order?
A no-contact order is an instrument of the law that protects individuals from the harassment, abuse, or harm of their abuser. For victims of stalking or domestic abuse, no-contact orders prevent their abuser from accessing their homes or allowing the abuser to be within a certain distance of their alleged victim.
For those who are falsely accused, no-contact orders present a myriad of challenges. They challenge your rights and can cause difficulties with child visitation and custody orders. If you are dealing with a no-contact order, it is essential to seek empathetic and knowledgeable legal counsel from Tatum Wysocki Law, rather than violating the order.
What Are Idaho’s Penalties for Violating a No-Contact Order?
Idaho takes domestic violence seriously, and the penalties for violating a no-contact order reflect that dedication. Violating these orders is a misdemeanor under Idaho code 18-920 and is punishable with a fine of $1,000 and up to 1 year in jail.
If I Have Been Charged With Violating a No-Contact Order, What Do I Do?
You will soon discover that strategy is the key to survival if you want to defend yourself against such a serious charge. You must work closely with your defense team to ensure every detail is examined. The repercussions of leaving corners unexplored can mean the difference between an acquittal and incarceration, fines, or the loss of rights. It is not recommended that you face an accusation alone.
Some strategies your defense team may suggest are:
- Check if the accusations are misleading. Sometimes, people make up domestic violence charges because of personal problems, custody fights, or relationship issues.
- Look for inconsistencies in the story: If your accuser has talked to the police, check their statements. Differences in their stories can weaken the prosecution’s case.
- Look at the Physical Evidence: If any physical evidence related to the conflict is presented, make sure your defense team can access and thoroughly examine it.
- Check witness statements: Get statements from people during the incident. Their stories can challenge your accuser’s version and show a different side.
- Was the act committed in self-defense? This can be a strong point if you act to protect yourself or someone else. Just ensure the force you used wasn’t too much, as excessive force can hurt your defense.
What is a Plea Bargain?
In essence, a plea bargain is a compromise. It allows the defense and prosecution to settle a case efficiently, even if the defendant must accept responsibility for a reduced charge. Plea bargains include:
- Negotiation: Instead of risking a trial with an uncertain outcome, the defendant agrees to plead guilty to a lesser charge or a reduced set of charges.
- Lighter Penalties: In return, the defendant often receives a more lenient sentence—this could mean less jail time, less probation, or less penalties.
When Should I Call A Criminal Defense Attorney for Help?
If you have been accused of violating a no-contact order, you need an experienced criminal lawyer to represent you. The state will mercilessly pursue these charges, and you should not attempt to represent yourself or engage in open negotiation. Tatum Wysocki Law has the experience to represent those falsely accused and has a reputation for providing clients with the respectful legal counsel they deserve. Call 208-584-2590to schedule a free consultation.
