Domestic Violence Defense in Boise & the Treasure Valley
Domestic violence charges carry severe consequences, including jail time, protective orders, and lasting damage to your reputation. We fight to ensure your side of the story is heard.
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Under Idaho Code § 18-918, domestic violence is defined as the commission of assault or battery against a household member. Idaho law takes an expansive view of who qualifies as a "household member", the definition includes spouses, former spouses, people who are cohabiting or have cohabited in the past, individuals who share a child in common, and people who are in or have been in a dating relationship. This broad definition means domestic violence charges can arise from a wide range of relationships, not just marriages.
A first offense of domestic violence where no traumatic injury is alleged is charged as a misdemeanor under Idaho law. A misdemeanor domestic violence conviction carries penalties of up to six months in county jail and a fine of up to $1,000. The court may also impose mandatory domestic violence evaluations, counseling programs, and probation conditions. While these penalties may seem manageable, the collateral consequences, including federal firearms restrictions and impacts on custody, can be far more severe than the criminal sentence itself.
When the alleged offense involves a "traumatic injury," the charge is elevated to a felony. Idaho law defines traumatic injury as a condition of the body, such as a wound, bruise, or fracture, caused by physical force. A felony domestic violence charge carries up to 10 years in Idaho state prison. Additionally, any person charged with a third domestic violence offense within a 15-year period faces automatic felony charges, regardless of whether traumatic injury occurred.
Idaho law also authorizes no-contact orders in domestic violence cases, which are typically issued immediately upon arrest or at the defendant's initial court appearance. These orders prohibit all direct and indirect contact with the alleged victim and can have an immediate impact on where you live, your ability to see your children, and your daily life. Violating a no-contact order is a separate criminal offense under Idaho Code § 18-920.
If you have been charged with domestic violence in Idaho, an experienced defense attorney can protect your rights and your future. Call us at (208) 336-3600 today.
No-contact orders, potential job loss, custody complications, and permanent firearms restrictions, the consequences of a domestic violence conviction reach far beyond the courtroom. Idaho Defense Firm fights to protect your rights and your future from day one.
The penalties for a domestic violence conviction in Idaho depend on the severity of the offense, the defendant's criminal history, and whether a traumatic injury is alleged. Understanding the full range of consequences, both criminal and collateral, is essential to making informed decisions about your defense.
Misdemeanor Domestic Violence (First Offense): A first-offense domestic violence charge without traumatic injury is a misdemeanor. Penalties include up to six months in county jail, a fine of up to $1,000, and a mandatory domestic violence evaluation. The court may also order anger management classes, counseling programs, community service, and a period of probation. While many first-time offenders avoid the maximum jail sentence, the conviction itself creates a permanent criminal record with far-reaching consequences.
Felony Domestic Violence: Traumatic Injury: When the alleged offense involves a traumatic injury to the victim, domestic violence is charged as a felony under Idaho Code § 18-918(2). A traumatic injury is broadly defined as any wound, bruise, fracture, or other condition of the body caused by physical force. A felony conviction carries up to 10 years in Idaho state prison and fines up to $10,000. The court may also impose lengthy probation terms, mandatory treatment programs, and restitution to the alleged victim.
Felony Domestic Violence: Third Offense: Under Idaho law, a third domestic violence offense within a 15-year period is automatically charged as a felony, regardless of whether a traumatic injury occurred. This means even relatively minor allegations can result in felony charges if you have two prior domestic violence convictions within the lookback period. The penalties mirror those for traumatic injury felonies: up to 10 years in state prison.
No-Contact Orders: A no-contact order is issued at or shortly after your initial court appearance and prohibits all contact: direct or indirect: with the alleged victim. This includes phone calls, text messages, emails, social media contact, and contact through third parties. Violating a no-contact order is a separate criminal offense under Idaho Code § 18-920 and can result in additional charges, even if the alleged victim is the person who initiated the contact. No-contact orders can affect where you live, your access to shared property, and your ability to see your children.
Collateral Consequences: A domestic violence conviction: even a misdemeanor: triggers the federal firearms prohibition under the Lautenberg Amendment (18 U.S.C. § 922(g)(9)), permanently barring you from possessing firearms or ammunition. Domestic violence convictions can also have a significant impact on child custody and divorce proceedings, as courts consider domestic violence history when determining the best interests of the child. Additional collateral consequences include employment difficulties, professional license issues, housing complications, and immigration consequences for non-citizens. Our attorneys, Randall Barnum and Shawn Wilkerson, have a proven track record of fighting these charges aggressively.
Talk directly with a senior criminal defense attorney about your domestic violence case.
Serious Defense. Real Experience.
Decades of experience navigating the complexities of domestic violence charges in Idaho courts.
Attorney Wilkerson has ten years of trial experience handling felony domestic violence cases, with deep familiarity with prosecutors and judges.
We challenge the evidence, interview witnesses, and investigate the circumstances to build the strongest defense possible.
Your case is handled personally by a senior attorney. No hand-offs, no associates.
Facing Domestic Violence charges? Get answers now.
In Idaho, the alleged victim cannot simply "drop" domestic violence charges. Once an arrest is made and charges are filed, the decision to pursue or dismiss the case rests entirely with the prosecuting attorney. This is a common misconception, many people believe that if the alleged victim recants or refuses to cooperate, the charges will automatically go away. That is not how it works. Prosecutors can and often do proceed even without the alleged victim's cooperation, relying on police reports, 911 recordings, photographs, and other evidence. However, a skilled defense attorney can present evidence, challenge the prosecution's case, and make arguments that may persuade the prosecutor to reduce or dismiss the charges.
A no-contact order (NCO) is a court order that prohibits the defendant from having any direct or indirect contact with the alleged victim. In domestic violence cases in Idaho, a no-contact order is typically issued at the defendant's initial appearance, often within 24 to 48 hours of arrest. The order remains in effect until the court modifies or lifts it. Violating a no-contact order is a separate criminal offense under Idaho Code § 18-920, even if the alleged victim is the one who initiates the contact. This means that if the alleged victim calls or texts you and you respond, you can be charged with a new crime. An attorney can petition the court to modify or dismiss the no-contact order under certain circumstances.
Yes. Under the federal Lautenberg Amendment (18 U.S.C. § 922(g)(9)), anyone convicted of a misdemeanor crime of domestic violence is permanently prohibited from possessing firearms or ammunition. This is a federal law that applies nationwide and cannot be overridden by state law. Unlike many other criminal consequences, this firearms prohibition applies even to misdemeanor convictions, not just felonies. The prohibition is permanent and there is no process under federal law to restore firearms rights after a domestic violence conviction. For anyone who owns firearms, hunts, or works in a profession that requires carrying a weapon, this collateral consequence makes it critical to fight domestic violence charges aggressively.
Under Idaho Code § 18-918, the distinction between misdemeanor and felony domestic violence depends on the circumstances of the offense and the defendant's criminal history. A first-offense domestic violence charge where no traumatic injury occurred is typically charged as a misdemeanor, carrying up to six months in jail and a $1,000 fine. If the offense involves a "traumatic injury", defined as a wound or other condition resulting from physical force, it becomes a felony punishable by up to 10 years in prison. Additionally, a third domestic violence offense within 15 years is automatically charged as a felony, regardless of whether a traumatic injury occurred. The stakes increase dramatically with a felony charge, making early legal representation essential.
A Career Dedicated to Criminal Defense
Attorney
With over 20 years of criminal defense experience, Attorney Barnum has defended hundreds of clients facing domestic violence charges in Idaho. His experience in both state and federal courts gives him a comprehensive understanding of the legal and collateral consequences these charges carry.
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Attorney Wilkerson has ten years of experience handling felony and misdemeanor caseloads, including domestic violence cases. His courtroom experience and familiarity with local prosecutors and judges give clients a strategic advantage.
We handle a wide range of criminal defense cases across the Treasure Valley.
Call (208) 336-3600 to start your defense today. Your case is handled directly by a senior attorney, no hand-offs, no associates.
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"Shawn Wilkerson is a phenomenal attorney. He fought for me when I thought all hope was lost. I can't recommend him enough."
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Every criminal case is different. Contact Idaho Defense Firm to discuss your situation directly with a senior attorney. With over 40 years of combined criminal defense experience in Idaho's state and federal courts, we can help you understand your options and build a defense strategy tailored to your case.
