What is Considered Domestic Violence in Idaho?

Idaho law provides a clear definition of domestic violence, outlined in Idaho Code § 39-6303. This statute defines domestic violence as:

  • Any felony or misdemeanor crime of violence committed by an individual against a family or household member.

Let's break down what "family or household member" includes and what "crime of violence" means in this context:

Who is a "Family or Household Member"?

The law defines a "family or household member" as:

  • Spouses or former spouses.
  • Persons who have a child in common.
  • Cohabitants or former cohabitants (individuals who live or have lived together in a romantic relationship).
  • Persons who are dating or who have dated.
  • Individuals related by blood or marriage.
  • Anyone living in the same household as the victim.

This broad definition ensures that various relationship dynamics are covered, acknowledging that abuse can occur in many forms of intimate or familial connections.

What is a "Crime of Violence"?

A "crime of violence" under Idaho law can include a wide array of offenses. While not an exhaustive list, some common examples that fall under the umbrella of domestic violence when committed against a family or household member include:

  • Battery: Causing unlawful physical contact or injury to another person. This can range from pushing and slapping to more severe assaults.
  • Aggravated Battery: Battery committed with a deadly weapon or resulting in great bodily harm, permanent disability, or disfigurement.
  • Assault: An unlawful attempt to commit a violent injury on another, or an unlawful offer to do so with present ability. This means even a credible threat of violence can be considered assault.
  • Aggravated Assault: An assault with a deadly weapon or by any means likely to produce great bodily harm.
  • Stalking: A pattern of conduct directed at a specific person that causes a reasonable person to fear for their safety or the safety of others, or to suffer substantial emotional distress.
  • Kidnapping: The unlawful taking or confinement of a person.
  • Sexual Assault/Rape: Any non-consensual sexual act.
  • Malicious Harassment: Intentionally harassing, annoying, or alarming another person, often involving threats or property damage.
  • Violation of a Protection Order: Disobeying the terms of a court-issued protection order.
  • Threats and Intimidation: While not always a standalone "crime of violence," threats often accompany other abusive behaviors and can be part of the pattern of control.

It's important to remember that domestic violence is a pattern of behavior, and even seemingly minor incidents can contribute to a larger picture of abuse. The legal definition focuses on specific criminal acts, but the underlying dynamics of power and control are always present.

Beyond the Law: Recognizing the Signs of Abuse

While the law defines specific criminal acts, domestic violence often manifests in ways that extend beyond physical harm. Recognizing these signs is crucial for identifying abuse and seeking help:

  • Emotional Abuse: Constant criticism, insults, humiliation, gaslighting, isolating you from friends and family, extreme jealousy, controlling your finances.
  • Psychological Abuse: Threats, intimidation, mind games, destroying property, harming pets.
  • Sexual Abuse: Any non-consensual sexual act, forced nudity, demanding sexual acts you're uncomfortable with.
  • Financial Abuse: Controlling all money, preventing you from working, sabotaging your employment, racking up debt in your name.
  • Isolation: Preventing you from seeing friends or family, monitoring your calls and messages, dictating where you can go.

If you recognize these patterns in your relationship or someone else's, it's a strong indicator that domestic violence may be occurring.

Seeking Help and Resources in Idaho

If you or someone you know is experiencing domestic violence, help is available. You are not alone.

1. Emergency Assistance:

  • Call 911 immediately if you are in immediate danger.

2. Idaho Domestic Violence Programs and Shelters: Idaho has a network of organizations dedicated to supporting survivors of domestic violence. These programs offer confidential services, including:

  • Crisis hotlines
  • Emergency shelter
  • Counseling and support groups
  • Legal advocacy
  • Safety planning
  • Assistance with obtaining protection orders

You can find a list of local programs through the Idaho Coalition Against Sexual & Domestic Violence (ICASDV):

3. National Resources:

  • National Domestic Violence Hotline: 1-800-799-SAFE (7233) or TTY 1-800-787-3224. You can also chat online atthehotline.org.
  • RAINN (Rape, Abuse & Incest National Network): 1-800-656-HOPE or online athttps://www.rainn.org/(for sexual violence).

4. Legal Assistance:

  • Idaho Legal Aid Services: Provides free civil legal assistance to low-income Idahoans. They may be able to help with protection orders, divorce, child custody, and other legal issues related to domestic violence.https://www.idaholegalaid.org/
  • Your Local Prosecutor's Office/Law Enforcement: If a crime has been committed, reporting it to law enforcement is a crucial step. They can investigate and potentially pursue criminal charges.

Protection Orders in Idaho

A civil protection order (also known as a restraining order) is a court order that can help protect you from an abuser. In Idaho, you can petition the court for a protection order if you have been a victim of domestic violence, sexual assault, or stalking.

A protection order can:

  • Order the abuser to stay away from you, your home, your work, and your children's school.
  • Prohibit the abuser from contacting you.
  • Grant you temporary custody of children.
  • Order the abuser to move out of a shared residence.
  • Order the abuser to surrender firearms.

Resources for Protection Orders:

Understanding Your Rights

As a survivor of domestic violence in Idaho, you have rights. These include:

  • The right to be safe.
  • The right to call law enforcement.
  • The right to obtain a protection order.
  • The right to victim compensation for certain expenses.
  • The right to be informed about the progress of criminal proceedings.

Conclusion

Domestic violence is a pervasive issue, but understanding its legal definition in Idaho and knowing where to turn for help are powerful first steps towards safety and healing. If you or someone you know is experiencing abuse, reach out to the resources available. Your safety and well-being are paramount.

Disclaimer: This blog article provides general information and is not intended as legal advice. If you are experiencing domestic violence, please consult with an attorney or a domestic violence advocate for personalized guidance based on your specific situation.

Share this post