Salt Lake City, UT asked in Domestic Violence for Idaho

Q: If neither my spouse or i press charges can the state? And can they enact a no contact order?

In the state of idaho

Related Topics:
1 Lawyer Answer
Kevin M Rogers
Kevin M Rogers
  • Domestic Violence Lawyer
  • Boise, ID
  • Licensed in Idaho

A: I think I understand what you're trying to explain. If you apply for a Civil Protection Order under Idaho Code 39-6304, you will have to allege that there has been sexual abuse or domestic violence against the Petitioner. This is a VERY SERIOUS allegation and will spark the interest of law enforcement, which has the statutory duty to investigate crimes committed in their jurisdiction. So, what you're saying is: if both me and the mother or both me and the father want to drop this, how can the State now pick it up? Because by calling 911 or by going into the Courthouse and asking for a CPOR, you are making yourselves witnesses for the State. The Prosecutor now, not you or your BF or spouse, have the decision-making authority to "DROP" the case. You two are now witnesses. If you follow through with your charges originally expressed, then you are a "favorite witness" or "cooperating witness." The questions to you on the stand will be: "now then what happened?" and "ok, what happened next?" But if you now try to recant your original, written, sworn Petition for a Civil Protection Order and you were actually granted one, then you have either perjured yourself in what you originally said to 911 or the Court by filing false charges in order to prove a point to him/her that you could do it, but you are now at the State's mercy. If they call you to the stand and you refuse to answer, you may be held in contempt. If you sit home you can be arrested and held in custody until the trial starts. When you're actually up on the stand, the questions will start a little differently than they would have had you been a "cooperating witness." They will start, "so, you said this and that in your sworn petition and now you're saying it didn't happen, is THAT RIGHT?!!" Then, "so are you lying now to the jury or were you lying when you made the statement?" Not good. Best not to play in the "system," you'll get burned everytime.

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.