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Understanding Domestic Violence Court and Its Role in the Criminal System
When you’ve been accused of domestic violence in Ada County, you may be worried about how this will affect your life, how the legal system works, and what might happen if you’re convicted. Talking with an attorney can help alleviate these fears and get your questions answered so you can get through this process as smoothly as possible. A significant part of this is understanding how Idaho deals with domestic violence offenses and its specialized Domestic Violence Court.
What Is Domestic Violence Court?
While many states handle domestic violence cases in criminal court, Idaho uses a specific Domestic Violence Court to process these offenses. The Domestic Violence Court was designed to make the process more efficient for both victims and defendants by facilitating the coordination of information between all parties and allowing for individualized solutions.
For defendants, this means that the arraignment and hearings often happen more quickly than they would in a traditional criminal court. This can be a good thing in that it means you can potentially have the situation resolved more rapidly and with less stress, but it also means that you have a limited amount of time to act in your defense. Hiring an attorney as soon as possible after you’re accused or arrested can ensure that you have legal representation on your side from the very beginning.
What Kinds of Cases Are Handled by the Domestic Violence Court?
In Ada County, the Domestic Violence Court hears cases involving alleged acts of domestic violence, including physical violence and verbal harassment. These include the following charges:
- Assault
- Battery
- Disturbing the peace
- Domestic assault
- Domestic battery
- False imprisonment
- Intentional interference with a telecommunication line
- Malicious injury to property
- Stalking
- Telephone harassment
- Unlawful entry
- Violating a no contact order or civil protection order
If you’ve been accused of any of these offenses, it’s likely that your case will be heard in Domestic Violence Court, and it’s critical that you have an attorney who is familiar with this process on your side.
How Does Domestic Violence Court Differ From Criminal Court?
Domestic violence cases often involve both a criminal component, which is the charge itself, and a civil component, which is often a protection order. Domestic Violence Court may allow both of these pieces to be handled with the same judge. Domestic Violence Court is also designed to be focused more on problem solving and protecting the parties involved instead of solely punishing an offender. Because of this, the process involves judges and staff members who have received specialized domestic violence training and risk assessment education. It is important to note that there are multiple judges that preside over Domestic Violence Court cases and some focus on rehabilitation while others are more concerned with punishment. Our attorneys can help you determine if a harsh judge should be disqualified from presiding over your case. These cases also involve enhanced judicial monitoring, which means that there are more progress reviews and check-ins than are typical of other criminal cases, prolonging the direct impact that a judge can have on your life.
What Can You Expect If Your Case Ends Up in Domestic Violence Court?
One of the hallmarks of Domestic Violence Court is that it is designed to move more quickly than criminal court. The pretrial conference will be set for one week after the arraignment, and from arrest to disposition usually could be as soon as 60 days.
During this process, you may be required to undergo assessments, such as for substance abuse and mental health evaluations, so that the court can determine risk. You may also be required to participate in activities such as domestic violence intervention programs, counseling, and parenting classes, if applicable.
Law enforcement officers may try to ask you questions about the incident before, during, or after your arrest. It’s critical that you state that you are exercising your right to remain silent and that you are requesting an attorney. Once you tell officers this, they cannot question you until an attorney is present.
Once you hire a defense attorney, they will meet with you privately to go over your case and provide counsel on the different plea options and legal strategies. They will also explain how Domestic Violence Court works and what you will need to do throughout the process. Following your attorney’s advice gives you the greatest chance of getting through the case with minimal repercussions.
What Are the Potential Penalties for a Conviction Related to Domestic Violence?
Domestic violence cases can involve a variety of offenses, and while this includes charges such as domestic battery and domestic assault, it also covers offenses such as stalking and harassment. The potential penalties you could face if you’re convicted depend on the exact offense and whether you were charged with a misdemeanor or a felony. Many domestic violence related crimes can be either, depending on whether there were aggravating factors. Aggravating factors can include things like previous convictions, the use of a weapon during the offense, or causing traumatic injury.
Misdemeanor charges generally carry a potential sentence of up to one year in jail and a fine of up to $1,000. Felony charges can be much more severe. Felony domestic battery, for example, has a potential prison sentence of 10 years and a fine of up to $10,000. You may also be required to be on probation in lieu of serving a prison sentence.
Domestic violence convictions also have consequences for your life outside the legal penalties. You can be subject to a no contact order, and you can be barred from working in specific environments with vulnerable populations. If you have children, a criminal conviction related to domestic violence could also impact your custody and parenting time plans. Finally, certain crimes of domestic violence result in loss of firearms rights.
If you’ve been accused of violence against an intimate partner or family member, you need an experienced defense attorney who is ready to fight for your rights. Contact Tatum Wysocki Law, P.C., at 208-584-2590 to schedule an appointment to get started on your case.
