Spirit Lake, ID asked in Criminal Law, Divorce and Family Law for Idaho

Q: my husband in in jail for two days and will be brought to the court tomorrow. He has got dimentia or some disfunction

He won't get help and I fear for my life. Can we file something with his mental and start divorce? He wants to hurt me after 55 years of caring for him and it has come to this. I am truly scared of him. What are my rights?

1 Lawyer Answer
Kevin M Rogers
Kevin M Rogers
  • Criminal Law Lawyer
  • Boise, ID
  • Licensed in Idaho

A: Idaho Code allows a Petitioner to seek out a Civil Protection Order. All you need to do is go into the Clerk's Office and ask for Civil Protection papers, and the Clerk will give them to you. They might even have a "Court Assistance Office" to help you fill out the papers. Once filled out, give the papers back to the Clerk. She will take them directly to the "On Call" judge. He will look at them personally. If the papers demonstrate that you are truly in fear for your safety, the judge will issue the CPO. He will direct the Sheriff's Office to serve the papers on your husband. The papers will give your husband 30 minutes to grab what he can grab, and vacate your home. If he tries to come home or calls you, he faces another charge of Violation of a CPO, which carries up to a year in jail and up to a $1,000 fine. All you have to do if you see your husband, is dial 911. Good luck to you!

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