Thursday, January 6, 2011

Boise Divorce Attorney Discusses Domestic Violence

Today's headlines describe the horrors of domestic violence. As a Boise Divorce Attorney I regularly have to deal with the issues associated with domestic violence. Idaho law provides for protection orders to protect people in domestic relationships from violence at the hand of their partner.

One of the services I provide as a Boise Divorce Attorney in domestic violence situations is to file a motion for an ex parte temporary protection order. If you can show that you will suffer irreparable harm if a restraining order is not issued the court will order a temporary order without the other party being present. The order cannot exceed 14 days. After or before the 14 days a full hearing is held and the party against whom the retraining order was issued has an opportunity to cross examine the moving party and provide witnesses and testimony.

The temporary ex parte protection order protects individuals by preventing them from entering their residence or interfering with custody. The protection order gives them grounds to call the police before harm can be perpetrated against them.

While I believe in the value of the ex parte protection order, as a Boise Divorce Attorney I have also seen it misused. I have seen it misused as a means get back at the other party, to interfere with custody or to try and make the other party look bad. It is for these reasons that the ex parte protection order cannot last for more than 14 days. In addition, Idaho law allows for a motion to shorten time which allows the accused party the opportunity to have the hearing heard earlier and have the opportunity to present their evidence which they believe proves their innocence.

If you need to speak with a Boise Divorce Attorney or need advice or representation for domestic violence, divorce or other custody issues, call (208) 472-2383 or visit www.lawboiseid.com for more information.

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