Boise Domestic Violence Attorney

Facing domestic violence charges is a terrible thing for someone to go through. The legal consequences alone are serious enough— a conviction can bring about fines and jail time. Even if a defendant doesn’t go behind bars, there will likely be restraining orders put in place against them. All of this is in addition to the loss of reputation in the community, with friends, and perhaps even with one’s own family.

The domestic violence lawyers in our Boise office understand how serious this moment is. Moreover, we know that being accused of a crime is very different than actually being guilty, and we know that everyone deserves a second chance. You can count on Atkinson Law Office to work hard for you each and every day.

Call (208) 670-8164 or contact us online today to set up a free consultation. We work with clients across Ada County and Canyon County.

Understanding Domestic Violence in Boise

The offenses considered as domestic violence are the same as other violent crimes, such as aggravated assault. What makes domestic violence different is the nature of the relationship between the defendant and the alleged victim.

Idaho law defines domestic violence as having occurred when that relationship is between a family member or someone living in the same household. It can also be if the alleged victim has, or previously had, a romantic relationship with the defendant.

This is no mere academic distinction. Once a violent crime is considered to be domestic violence, the possible penalties in the event of conviction can be enhanced. In fact, if the alleged crime took place in the presence of a child younger than 16 years old, the penalties can be doubled.

The enhanced penalties come because our society rightfully abhors domestic violence. What isn’t right is that too much of society can be quick to rush to judgment on the guilt of a particular person. It’s the job of your attorney to stand in the breach, believe in you, and fight for you.

Misdemeanor vs. Felony Domestic Violence

The severity of the charge depends on the nature of the alleged conduct, prior convictions, and whether weapons or injuries were involved.

Misdemeanor Domestic Violence:

• Usually involves minor physical contact or threats without serious injury
• Punishable by up to 1 year in jail and $1,000 in fines
• Possible probation, mandatory counseling, or anger management classes

Felony Domestic Violence:

• Aggravated assault or battery resulting in traumatic injury
• Repeated offenses (within 10 years) can be automatically elevated to felonies
• Punishable by up to 10 years in prison and fines exceeding $5,000

Immediate Consequences of a Domestic Violence Arrest

Domestic violence arrests in Idaho are handled differently from many other types of criminal allegations. Once a call is made, law enforcement has discretion—but often little choice—in arresting someone, even if the alleged victim doesn’t want to press charges.

Some of the immediate impacts of an arrest include:

• No Contact Orders (NCOs): Often issued automatically, preventing communication with the alleged victim.
• Custody Disruption: May limit your ability to see or communicate with your children.
• Loss of Firearm Rights: Federal and state laws prohibit firearm possession after certain convictions or while under NCOs.
• Housing or Employment Consequences: Public records of arrest can affect your current job or lease agreement.

A Boise domestic violence lawyer can move quickly to address court orders, challenge the conditions of release, and work to restore your rights early in the process.