As a Boise Divorce Attorney I often hear from people in the divorce context who are in a situation involving domestic violence. Domestic violence is a crime in Idaho. I see domestic violence in the context of being a divorce lawyer but also in the context of being a criminal defense attorney.
If you are a victim of domestic violence it is very important to take steps immediately to prevent any further violence toward you or your children. If you are the victim of domestic violence and you are ready to file for divorce you can seek a restraining order right along with your divorce complaint. There are certain procedural requirements for a protection order. Initially it is a temporary order and the protection is given without the other side having an opportunity to appear in court. Because they don't have the opportunity to be heard before a restraining order is put in place they are given an expedited hearing so that they can be heard as soon as possible to tell their side of the story.
From a criminal defense lawyer perspective, I have seen restraining orders put in place for very good reason. I have also seen restraining orders be abused. In this context they are often abused out of spite or to gain an upper hand in a divorce proceeding. No one should ever cry wolf about domestic violence. Judges can see right through the attempt and it does not increase your chances of receiving custody of your children. To falsely accuse someone of domestic violence is making a victim of them. Domestic violence is not a joke.
If you are the victim of domestic violence you should seek help immediately. Let the law help you and protect you. If you are seeking a divorce make certain you inform your attorney about any domestic violence situations so that a protection order may be filed along with your divorce complaint.
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