Boise Divorce Attorney Lawyers, Boise Custody Attorneys Lawyers, Boise Criminal Lawyer, Idaho Family Law, call (208) 472-2383, divorce, custody, family law including modification, visitation, child support, termination, adoption and domestic violence and all crime in Idaho.
As a Boise Divorce Attorney I regularly get calls about domestic violence and crime effecting the marital state. These crimes often revolve around divorce. There are two categories of violence effecting the marital state. The first is domestic violence. Boise Divorce Lawyers see this as a regular part of their divorce practices. In the case of domestic violence a party or their lawyer will file for a temporary restraining order. Attorneys file for an ex parte hearing. What this does is allows the person who is alleging abuse to get an expedited hearing and the restraining order in place before any harm or before further harm is done. These are often used in the divorce context because the marital union is breaking down. They often also involve custody disputes. Judges, and Boise Divorce Attorneys, however, do not like it when these are used in an attempt to keep the other partner away out of spite, rather than for true threat of violence.
Once a temporary restraining order has been put in place, the party against whom the order is issued is given an expedited hearing so that they or their divorce lawyer can present evidence why the order should not stand. If the judge finds there are no grounds for the temporary order he or she will dismiss it. If the judge, however, finds grounds a no-contact order will be issued. This means that the parties are to have no contact, except through their attorneys for necessary things like those things pertaining to the divorce or custody.
Another situation where crime enters the marital union and where it may be necessary to have a Boise Criminal Lawyer in addition to your Boise Divorce Attorney, is malicious injury to marital property. This is a fancy name for intentional and malicious destruction of community property assets. This is a crime in Idaho and the penalty depends upon the value of the property, or the aggregate value of the properties destroyed. If the value is $1,000 or less, the penalty carries up to a 1 year jail sentence, a $1,000 fine or both. This is a misdemeanor charge. If the value of the property is greater than $1,000 there is a minimum 1 year but up to 5 years in prison, up to a $1,000 fine and the crime is a felony.
If this issue is raised in the divorce context within the divorce court, a judge may deal with it there. Boise Divorce Attorneys often see destruction of property as an issue in divorce court. The issue will be dealt with as a criminal law issue in criminal court if a criminal complaint is filed. Filing the criminal complaint will require contacting the police and filing a report. If the complaint is warranted, the police will forward the complaint to the prosecuting attorney, the state's lawyers, and charges will be filed.
If you need to speak to a Boise Divorce Attorney or a Boise Criminal Lawyer, please call (208) 472-2383 or visit our website. At our website you will find a quick contact form. If you fill it out, one of our attorneys will get right back to you. Please be sure to tell our lawyers the best way to contact you.
Thank you for sharing. Every divorce is different, as are the needs of the individuals involved. There is no "one-size-fits-all" method of helping someone navigate divorce proceedings.
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