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?
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!
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.