Boise, ID asked in Criminal Law and Family Law for Idaho

Q: Does a no contact order apply if charges weren't pressed but the two parties were separated do to a domestic dispute

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

A: In Idaho there are now 2 types of "stay away" orders. The first is a NO CONTACT ORDER. There is no way to have one of these against you, unless you've been charged with committing a Domestic Battery charge. In other words, it comes attached with a criminal charge. The other "stay away" order is called a "Civil Protection Order" or CPO. This stay away order doesn't have to have a criminal charge filed. It may be gotten by either man or woman by simply going to the Courthouse and checking the box, that your boyfriend "hurt you," "scared you with threats of violence," "immorally touched" your child in common. If you allege one or more of these things, you will have a choice to keep the man away from just you, or you and your child(ren). If you check both boxes, an "on call" Magistrate Judge, will sign the CPO. The signed order will be copied by the Clerk's Office and immediately transmitted to the Police or Sheriff's Office, for service. The officer will drive to where your boyfriend or husband is, and serve him a copy of the CPO. If the service takes place at the home that you share with your BF or husband, the officer will serve him and tell him that "you've got 10 minutes to get all your things." The dumbfounded BF or husband, will grab his work clothes and watch and shoes and a pair of trousers and he will be unceremoniously escorted "off the property." When he's alone, he will read the papers. He will learn that NOT ONLY will he have to find another place (sofa, car) to live, but he can't take his son or daughter trick-or-treating, this year, because if he comes within 1500 yards from her, he will be arrested for violating the CPO. It will be a year before he gets any of his tools back or longer before he gets to have his son or daughter with him when he goes to McDonald's. His life will change forEVER. This new "protection tool," is being used as a sword by bitter, and/or frightened women to bludgeon the man into the ground and this is BY FAR the easiest, most effective tool ever given to women, to forever change custody, without a hassle. Just allege! It's that simple in Idaho. This 16 yr. old "protection tool" was passed almost unanimously by the Idaho Legislature, following an incident in Nampa, where a man who had been abusing his wife, finally caught her in the garage. He had been charged with Domestic Battery and there were at least two no contact orders that had been served. In the garage, he killed his children's mother, cut her head off and threw it in his pickup truck and headed to Boise. He intended to die somehow. He ended up hitting a vehicle with a mother and two daughters, killing the mother and one of the daughters. The Idaho Legislature was understandably horrified. They met quickly and passed one of the most unconstitutional, pernicious, dangerous, damaging pieces of legislation ever passed in Idaho. It allows an angry woman to go into a courthouse and literally change custody, "with the swipe of the pen." No hearing for the man for days. By then, judges call up the case and (if they know what's good for them), they will only ask the female one or two questions, "does he still scare you?" "Do you want this CPO to be continued for a year?" If the female is still angry, she'll answer "yes." The judge will ask the man if he'd like a "hearing?" If the man is even there, most the time the man will say "yes." The Court will schedule a hearing. If the woman says "he scared me and I'm still scared," the order will be extended for a year! The man, angrier than ever will come to a lawyer and say, "I just want to see my kids!" No matter what the lawyer does, it will be a year before the father can see his kids, and my experience is that it can be much longer. By the time the father FINALLY gets the "opportunity" to see his child, it will be "supervised" by Family and Children's Services, behind a glass. This kind of unconscionable treatment to the man can be continued indefini

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