In today's paper there was an article about a domestic violence standoff over the weekend in Boise. As a Boise Divorce Attorney I often hear form people who find themselves in similar situations. The article outlined how a Boise woman was charged with aggravated assault and two counts of domestic violence. The Boise man was charged with violating a no-contact order and two counts of domestic violence.
Divorce lawyers often recommend that their client's file for a temporary restraining order in order to prevent domestic violence from happening. The case in the newspaper today outlines how restraining orders are not an absolute protection against domestic violence. Could something have been done differently? The newspaper article was not clear but from the view of a Boise divorce lawyer the outcome could have been different. When you have a no-contact order in place the party whom it is protecting can call the police if the other party breaks the no-contact order. It sounds as if the police were not called until after there was a confrontation.
If you need to speak to a Boise Divorce Attorney about a divorce or a domestic violence situation in Idaho, please call (208) 472-2383
Monday, February 14, 2011
Saturday, February 12, 2011
Boise Divorce Attorneys Role in Custody Matters
What role does a divorce lawyer play in a custody proceeding? The answer to that lies in what type of custody situation you are in. In Boise custody cases follow a fairly routine pattern. Once the divorce is initiated one attorney or the other, and at times both attorneys, will motion for temporary orders. Temporary orders are put into place to provide a consistent custody and visitation schedule during the divorce. Thereafter the parties are generally ordered to mediation.
While mediation can be difficult it can be a very helpful and meaningful exercise. If the parties can agree what custody and visitation schedule works best for them they are in control of their custody arrangement, rather than the lawyers arguing about what is best or the judge deciding for them. In this situation the role of a Boise divorce attorney is different than when mediation does not work. If it doesn't work, and sometimes it does not, the role of a Boise divorce lawyer shifts to preparing for trial.
Custody is determined by the best interest of the child. Divorce attorneys in Idaho will put forth the evidence which supports the best interest of the child. Sometimes, for their client that may be why they would make the best custodial parent. It could also be that their client wishes to have more or different visitation and a divorce lawyer would work with those facts to show how that is in the child's best interest.
Rarely are custody cases cut and dry and rarely are they the same from case to case. Because they differ, the role of divorce attorneys differs as well.
While mediation can be difficult it can be a very helpful and meaningful exercise. If the parties can agree what custody and visitation schedule works best for them they are in control of their custody arrangement, rather than the lawyers arguing about what is best or the judge deciding for them. In this situation the role of a Boise divorce attorney is different than when mediation does not work. If it doesn't work, and sometimes it does not, the role of a Boise divorce lawyer shifts to preparing for trial.
Custody is determined by the best interest of the child. Divorce attorneys in Idaho will put forth the evidence which supports the best interest of the child. Sometimes, for their client that may be why they would make the best custodial parent. It could also be that their client wishes to have more or different visitation and a divorce lawyer would work with those facts to show how that is in the child's best interest.
Rarely are custody cases cut and dry and rarely are they the same from case to case. Because they differ, the role of divorce attorneys differs as well.
Friday, February 11, 2011
Boise Divorce Attorney Talks About Custody Differences Between Counties
As a Boise Divorce Attorney I often get calls from people wondering if it is better to bring a divorce and custody action in one county or another. First, let me say that your divorce and custody action has to be filed in the county where you reside. If, however, you have just moved say to Ada County from Canyon County and you still have property in Canyon County but also have property in Ada County and perhaps your children still reside in Canyon County, you are one of the few lucky ones who can choose in which county to file for divorce.
Divorce attorneys can tell you there are differences between counties when it comes to divorce and custody. Divorce in smaller counties is quicker simply because the case load is a lot less. Custody in Idaho is determined by the best interest of the child using and considering factors outlined in the Idaho Code. How these are applied differs between counties. In addition, some counties require that you undergo a home study. Some counties require that you go through mediation. It is the job of divorce lawyers to present the court with evidence that supports how their client meets the criteria for the best interest of the child. It is the judge's job to make the ultimate custody decision
If you need to speak to a Boise divorce lawyer please give us a call at (208) 472-2383
Divorce attorneys can tell you there are differences between counties when it comes to divorce and custody. Divorce in smaller counties is quicker simply because the case load is a lot less. Custody in Idaho is determined by the best interest of the child using and considering factors outlined in the Idaho Code. How these are applied differs between counties. In addition, some counties require that you undergo a home study. Some counties require that you go through mediation. It is the job of divorce lawyers to present the court with evidence that supports how their client meets the criteria for the best interest of the child. It is the judge's job to make the ultimate custody decision
If you need to speak to a Boise divorce lawyer please give us a call at (208) 472-2383
Thursday, February 10, 2011
Boise Divorce Attorney Discusses Divorce and Custody
As a Boise Divorce Attorney, I receive regular calls about divorce and custody in Idaho. Every divorce and custody case is different and each have their own unique set of facts. However, there are certain elements that are similar to all divorce and custody cases in Idaho.
One example which I see regularly as a Boise Divorce Lawyer is something known as temporary orders. Temporary orders regulate visitation and temporary custody during the divorce proceedings. Some people like to try to use temporary orders for posturing. Attorneys who practice divorce in Boise or in Idaho know, however, that judges don't like this. Lawyers who practice divorce law know that a judge will look at what is known as the status quo. The status quo is that which already exists. So, if you are a parent who regularly takes care of the child, or you have been separated and the child has been living with you and you have been taking care of the child's regular needs, a judge in Idaho will look at that as the status quo.
Because continuity is a huge factor in determining custody, temporary orders will most often emulate the status quo. The aim of any custody proceeding is the best interest of the child and because continuity and stability are in a child' best interest, the judge will not want to upset that unless there is good reason to do so.
One example which I see regularly as a Boise Divorce Lawyer is something known as temporary orders. Temporary orders regulate visitation and temporary custody during the divorce proceedings. Some people like to try to use temporary orders for posturing. Attorneys who practice divorce in Boise or in Idaho know, however, that judges don't like this. Lawyers who practice divorce law know that a judge will look at what is known as the status quo. The status quo is that which already exists. So, if you are a parent who regularly takes care of the child, or you have been separated and the child has been living with you and you have been taking care of the child's regular needs, a judge in Idaho will look at that as the status quo.
Because continuity is a huge factor in determining custody, temporary orders will most often emulate the status quo. The aim of any custody proceeding is the best interest of the child and because continuity and stability are in a child' best interest, the judge will not want to upset that unless there is good reason to do so.
Tuesday, February 8, 2011
Boise Criminal Lawyer Discusses Drug Court
As a Boise Criminal Lawyer I often hear from people wanting to know if they or their friends or family are eligible for drug court. Drug Court was established as an alternative sentencing for drug charges. You do not have a right to be admitted to drug court but you can be considered after you undergo a criminal assessment and a substance abuse assessment. You absolutely cannot be considered for Drug Court, however if you are charged, have been plead or have been found guilty of a violent crime or a felony crime where a deadly weapon or firearm was used. You also cannot be considered for Drug Court if you were charged, plead or found guilty of a felony attempt, intent to commit, or conspired to commit a sex crime.
Drug Court provides alternative sentencing in the fact that it provides for graduated sanctions and rewards, substance abuse treatment, court monitoring and supervision of progress, educational and/or vocational and any other requirement set forth by the Court.
Idaho Courts have acknowledged that the use of drugs in Idaho is a serious problem. Drug Court in Idaho was established to help reduce over crowding in jails and to help get treatment for those who use drugs. As a Boise Criminal Attorney I see it as a good opportunity for individuals to turn their lives around after they have been caught up using drugs and are convicted of drug charges.
Drug Court provides alternative sentencing in the fact that it provides for graduated sanctions and rewards, substance abuse treatment, court monitoring and supervision of progress, educational and/or vocational and any other requirement set forth by the Court.
Idaho Courts have acknowledged that the use of drugs in Idaho is a serious problem. Drug Court in Idaho was established to help reduce over crowding in jails and to help get treatment for those who use drugs. As a Boise Criminal Attorney I see it as a good opportunity for individuals to turn their lives around after they have been caught up using drugs and are convicted of drug charges.
Monday, February 7, 2011
Boise Divorce Attorney Discusses Domestic Violence
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.
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.
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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