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.
Showing posts with label criminal defense. Show all posts
Showing posts with label criminal defense. Show all posts
Monday, February 7, 2011
Wednesday, February 2, 2011
Boise Criminal Attorney Discusses Larceny
As a Boise Criminal Attorney I often get calls from people who have been charged with larceny. Larceny is the crime of theft.
Last week I got a telephone call from a young man who was charged with larceny. He had switched a price tag and tried to purchase a Walmart boxed stereo for a whoppingly reduced price. Using a "clearance" price tag, the young man took the stereo to the check out where he was apprehended.
He wanted to know if he had any defense to the crime. He said that he had just gone through divorce and a custody battle, he was recently charged with a DUI and he had no money. On top of it all he said he was just joking around. He was offering information for me to find a criminal defense for him. No such luck. According to Idaho Code, if you switch price tags to get a lessor price that is theft.
I have talked to other Boise attorneys and specifically other Boise Criminal Lawyers who have had the exact same type of telephone call. Many lawyers, however, say that these particular calls are becoming less because of the use of computer pricing, but many attorneys say they still hear it enough to know that that particular theft law is not out-dated.
As a Boise Criminal Attorney I can tell you if you intend to get a lessor price for something and you do something to make it appear that the lessor price is the price it is theft and even though it is sad, divorce or a child custody battle, a DUI, lack of money or joking around do not make a criminal defense.
Last week I got a telephone call from a young man who was charged with larceny. He had switched a price tag and tried to purchase a Walmart boxed stereo for a whoppingly reduced price. Using a "clearance" price tag, the young man took the stereo to the check out where he was apprehended.
He wanted to know if he had any defense to the crime. He said that he had just gone through divorce and a custody battle, he was recently charged with a DUI and he had no money. On top of it all he said he was just joking around. He was offering information for me to find a criminal defense for him. No such luck. According to Idaho Code, if you switch price tags to get a lessor price that is theft.
I have talked to other Boise attorneys and specifically other Boise Criminal Lawyers who have had the exact same type of telephone call. Many lawyers, however, say that these particular calls are becoming less because of the use of computer pricing, but many attorneys say they still hear it enough to know that that particular theft law is not out-dated.
As a Boise Criminal Attorney I can tell you if you intend to get a lessor price for something and you do something to make it appear that the lessor price is the price it is theft and even though it is sad, divorce or a child custody battle, a DUI, lack of money or joking around do not make a criminal defense.
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