Mosman Law Offices is experienced in representing individuals who have been charged with any form of domestic violence. These charges may include domestic assault, domestic battery, domestic assault in the presence of a child, kidnapping, false imprisonment or harassment stalking. Whatever the specific charge is we are here to help our clients navigate the legal system and minimize the impact the charges will have on their life.
Domestic violence cases we handle:
- Spousal Assault
- Rape or Forced Sexual Contact
- Stalking Accusations
- Kidnapping
- Physical Abuse
- Negligent & Justifiable Homicide
- Physical Violence (Hitting, Shoving, Choking, & Punching) Crimes against Children
- Physical Attacks
- Sexual Abuse
In Idaho, a domestic violence offense takes place when a person commits an assault or battery against a “household member”. Idaho Code §18-918 defines an a “household member” as a person who is a spouse, former spouse, or a person who has a child in common regardless of whether they have been married or a person with whom a person is cohabiting, whether or not they have married or have held themselves out to be husband or wife.
A person who commits a battery against a household member which does not result in a traumatic injury is guilty of a misdemeanor domestic battery.
A person who commits an assault against a household member which does not result in a traumatic injury is guilty of a misdemeanor domestic assault.
A person who commits a battery against a household member which results in traumatic injury is guilty of a felony domestic battery. Traumatic injury means a condition of the body, such as an internal injury, whether of a minor or serious nature, caused by physical force.
If a person was previously convicted of a felony domestic battery or assault, and is found guilty of any domestic battery or assault (either with or without traumatic injury), within 15 years of the felony conviction, that person is guilty of a felony offense.
The penalties for domestic battery or domestic assault in Idaho depend on the number of prior convictions and whether or not traumatic injury resulted from the battery (Idaho Code §18-918) :
- A first-time conviction for misdemeanor domestic battery or assault not resulting in traumatic injury is punishable by a fine not exceeding $1,000 or incarceration in the county jail for up to 6 months or both fine and incarceration.
- A second conviction for domestic battery or assault not resulting in traumatic injury within 10 years is a misdemeanor punishable by a fine not exceeding $2,000 or incarceration in the county jail for up to a year or both fine and incarceration.
- A third conviction for domestic battery or assault not resulting in traumatic injury within 15 years is a felony offense and is punishable by imprisonment in the state prison for up to 5 years and a fine of up to $5,000 or both.
- A domestic battery or assault resulting in traumatic injury is punishable by imprisonment in the state prison for up to 10 years and a fine of up to $10,000 or both.
- If the domestic battery or assault offense took place in front of a child under 16 years old, the statutory maximum penalties are doubled.
A victim of domestic violence may petition the court for a domestic violence protection order. The petition may be filed by the victim on her behalf or on behalf of her family members. Idaho Code §18-7907 provides that domestic violence protection orders are available in cases where a person intentionally engages in the following conduct:
- Stalks, in any degree, as described in sections 18-7905 and 18-7906, Idaho Code;
- Telephones another with the intent to terrify, threaten, or intimidate such other person and addresses to such other person any threat to inflict injury or physical harm to the person addressed or any member of his family and engages in such conduct with any device that provides transmission of messages, signals, facsimiles, video images, or other communication by means of telephone, telegraph, cable, wire, or the projection of energy without physical connection between persons who are physically separated from each other; or
- Based upon another person’s race, color, religion, ancestry, or national origin, intimidates or harasses another person or causes, or threatens to cause, physical injury to another person or damage to any real or personal property of another person.
The courts allow a victim of domestic violence to file a verified petition for a protection order in the magistrate division of the District Court. That petition may be filed ex parte – or without notice to the alleged abuser. The court may grant a temporary protection order without notice to the alleged domestic abuser, but the court must hold a hearing within 14 days to determine whether the relief sought in the petition should be granted. If the victim demonstrates by a preponderance of the evidence that he or she was the victim of conduct committed by the respondent and that the conduct is likely to occur in the future, the court may issue a protection order for up to a year.
When an ex parte temporary protection order or protection order is granted and the respondent is served with a copy, a violation of the provisions of the order is considered a misdemeanor, punishable by up to a year in jail and a fine of up to $5,000 or both.
The application for a protection order must be filed in the county where the respondent resides, whether the petitioner resides, or where the petitioner is temporarily residing.
In Washington, any crime can be a domestic violence offense when committed by (1) one family or household member against another family or household member, or (2) one intimate partner against another intimate partner.
RCW 10.99.020 and RCW 26.50.010 define “family or household member” as follows:
- Adult persons related by blood or marriage;
- Adult persons who are presently residing together or who have resided together in the past; and
- Persons who have a biological or legal parent-child relationship, including stepparents and stepchildren and grandparents and grandchildren.
RCW 10.99.020 and RCW 26.50.010 define “intimate partners” as follows:
- Spouses, or domestic partners;
- Former spouses, or former domestic partners;
- Persons who have a child in common regardless of whether they have been married or have lived together at any time;
- Adult persons presently or previously residing together who have or have had a dating relationship;
- Persons sixteen years of age or older who are presently residing together or who have resided together in the past and who have or have had a dating relationship; and
- Persons sixteen years of age or older with whom a person sixteen years of age or older has or has had a dating relationship.
A conviction for a domestic violence offense has a number of potential consequences, in addition to jail time. For example:
- RCW 9.41.020(2)(a)(i) prohibits those convicted of domestic violence offenses from possessing firearms.
- The court may order participation in a certified domestic violence treatment program
- The court may order no contact with the victim for a period up to the maximum allowable sentence for the crime (not merely for the standard range)
- The court must order restitution whenever an offender is convicted of an offense resulting in injury to any person or loss/damage to property unless extraordinary circumstances exist, which, in the court’s judgment, makes restitution inappropriate.
- In misdemeanor cases, the court may order probation for up to five years.
- Under RCW 26.09.191 and RCW 26.10.160 your right to visitation and/or custody with your children may be limited due to domestic violence.
- If you are not a U.S. citizen, there are significant immigration consequences.
A victim of domestic violence may petition the court for a domestic violence protection order. The Superior Court, District Court, and Municipal Courts may issue temporary and permanent orders.
Washington statutes provide for the issuance and enforcement of protection orders in a variety of contexts:
- Civil protection orders (RCW 26.50)
- Restraining orders (RCW 26.09.060 and 26.09.300; RCW 26.10.040, 26.44.063, 26.26.130)
- Criminal no-contact orders (RCW 10.99)
- Anti-harassment orders (RCW 10.14; 9A.46.050)
- Sexual assault protection orders (RCW 7.90)
- Vulnerable adult protection orders (RCW 74.34)
- Enforcement of foreign protection orders (RCW 26.52)
RCW 26.50 provides for the issuance of two types of orders.
- RCW 26.50.070 provides for the issuance of an “ex parte temporary order of protection” upon a showing of “irreparable injury.” These order are issued without notice to the alleged abuser. This order is effective for not more than 14 days, or 24 days if served by publication.
- RCW 26.50.060 provides for the issuance of an order “upon notice and after hearing.” These orders are occasionally referred to as “permanent orders.” This is a misnomer. If the order does not restrain the respondent from contacting his or her own child and if the court determines that the respondent is likely to resume acts of domestic violence when the order expires, the court may issue an indefinite order or a long-term order with a specified expiration date. In other situations, the order is issued for no more than one year.
Grounds for issuance of a protection order include:
- Physical harm or bodily injury
- Assault, including sexual assault
- Infliction of fear of imminent physical harm, bodily injury or assault
- Stalking
We can help protect your legal rights under the law.
