Boise Attorney Provides Skilled Defense in Domestic Violence Claims
Removing injunctions and fighting criminal domestic battery charges in Idaho
True incidents of domestic violence deserve law enforcement intervention and protection. Unfortunately, domestic abuse allegations have been wrongfully used to retaliate against an ex-lover, to win an advantage in a custody battle or in a momentary lapse of judgment during a heated verbal argument. Even if there has been a minor altercation, law enforcement often over-reacts and makes an arrest that should never have occurred.
For more than ten years, Gulstrom, Roark & Govia PC has defended Boise and Nampa clients in the criminal justice system. We aggressively protect you rights in domestic violence allegations.
When assault is considered domestic violence
Idaho Code 39-6303 defines domestic violence as physical or sexual abuse, force or imprisonment in which the offender and victim’s relationship is:
- Dating — a couple involved in a romantic relationship or formerly romantically involved
- Family — including a spouse, former spouse, child, parent, sibling or other person related by blood, adoption or marriage
- Household — people who reside or who have resided together and parents who have a child in common, regardless of his or her former relationship or living arrangements
If you meet the criteria for a domestic relationship, allegations of assault and battery are treated as a domestic charge.
Repercussions of false domestic violence allegations in Idaho
False allegations of domestic abuse can have serious consequences. If you are charged in criminal court, you face a sentence that includes jail time, probation, fines and court-ordered anger counseling. The domestic violence charge remains on your criminal record and may affect your relationships, job opportunities and future. In addition, the criminal court issues an injunction against you after your arrest — or the accuser can seek a protection order in the civil court — that can place any of the following significant restrictions on your life:
- You may be forced to move out of your home.
- Your child custody or visitation rights may be jeopardized.
- You cannot purchase a firearm.
- Your personal freedoms may be restricted because you must remain a certain distance away from your accuser.
- You may face criminal charges of assault, battery, traumatic injury or violation of your protection order.
- Under certain circumstances, the courts may upgrade your charges to a felony.
- If you are a permanent resident, temporary visa holder or an illegal immigrant, you may lose your status and be deported from the United States.
For an aggressive defense in a domestic violence charge, consult our experienced Boise criminal defense attorneys
To learn more about fighting domestic violence accusations, consult Gulstrom, Roark & Govia PC.
To schedule your free consultation, contact us online or call 208-546-9933.