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Idaho Domestic Violence Questions & Answers
1 Answer | Asked in Family Law, Civil Rights, Domestic Violence and Juvenile Law for Idaho on
Q: how can i get emancipated in idaho legally without marriage at 17 after parents abuse me

I am a 16 year old in Idaho who is planning to get emancipated in the next year due to constant abuse throughout my life. I cannot get married or join the military. I am going to plan all I need and then ask for consent from my parents if they say no I'll take them to court.

James L. Arrasmith
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answered on Jun 3, 2024

To get emancipated in Idaho, you'll need to prove to the court that you can support yourself financially and that emancipation is in your best interest. First, gather evidence of the abuse and any documentation that shows you are capable of living independently. This might include a job, a... View More

1 Answer | Asked in Adoption, Civil Rights, Domestic Violence and Family Law for Idaho on
Q: If cps hasn't shown up, and if the police have ignored all reports of my friends abuse, what other options do they have?

My friend is a 13 year old, soon to be 14 living in moscow idaho, and they have been experiencing terrible physical abuse, emotional abuse, and general neglect from their mother for a while now. Me, a friend, and a staff at the local youth center have all reached out to cps and police, but nothing... View More

Kevin M Rogers
Kevin M Rogers
answered on Dec 28, 2022

ONE thing you can NOT do, is take the law into your own hands. IF you try to take your friend away from the abuse, you will be arrested, and I'm sure you know that. However, you could convince your friend to go with you to the police to report the abuse he's been suffering. That might... View More

1 Answer | Asked in Family Law, Personal Injury, Domestic Violence and Landlord - Tenant for Idaho on
Q: Hello! My family is dealing with an odd situation and I'd like to know what steps can be taken to resolve it.

My mom's ex is abusive towards her and my sisters. She "left him" but he still comes over. She's been charging my sisters rent. They are over 18. Do they then have a say in whether or not he's allowed at the house if the are paying rent? They feel unsafe with him around but... View More

Kevin M Rogers
Kevin M Rogers
answered on Mar 14, 2022

Well, is sounds like you're asking this, correct me if I'm wrong:

Your parents were divorced. You are out of the house now but your sisters are still living with your mother, who apparently is a co-owner of the house that you and your mom's ex, owned?

If your...
View More

1 Answer | Asked in Criminal Law and Domestic Violence for Idaho on
Q: prosecuting attorney hasn’t contacted me to let me know what’s happening with my case. do i need my own lawyer?

i filed a police report against my ex because she kicked me in the head & the state is pressing domestic battery charges against her. she has pre trial in 3 weeks & online in the court repository it said “notice of defense of alibi” does that mean she’s going to say she was never with... View More

Kevin M Rogers
Kevin M Rogers
answered on Oct 5, 2021

You have the right to hire an attorney, if you want to? You are the State's witness and a "victim" pursuant to the Victim's Rights Statute in Idaho. Under that law, you have the right to meaningful notice of how they're handling this prosecution. Be patient, and... View More

1 Answer | Asked in Family Law, Child Custody, Child Support and Domestic Violence for Idaho on
Q: I am not married but have two small children with a man im separating from that is abusive. Can my attorney show this?

The mental and emotional abuse I’ve had to endure while taking care of my kids in this relationship has been a lot. The kids see it and my 5 year old is suffering from it. He uses it to control everything, as he makes the money and I take care of the kids. We are going to be going to court soon... View More

Kevin M Rogers
Kevin M Rogers
answered on Jan 14, 2021

If you hire competent legal counsel, your attorney can ask the Court to grant you Temporary Legal and physical custody of your children. You should always hire counsel to do this type of legal work for you. Never try to do this by yourself. What you describe may be chargeable as a crime or at... View More

1 Answer | Asked in Domestic Violence for Idaho on
Q: Hi, I got a no contact order question. I have a 14 day no contact order on my husband.

My hearing is coming up and I do not wish to continue the order. What should I do? Do I still attend the hearing?

Kevin M Rogers
Kevin M Rogers
answered on Nov 30, 2020

If you fail to to to the next hearing, your CPO will be dismissed for "inactivity."

1 Answer | Asked in Domestic Violence for Idaho on
Q: Can police take a domestic victims phone without consent for evidence?
Kevin M Rogers
Kevin M Rogers
answered on Oct 14, 2020


1 Answer | Asked in Criminal Law and Domestic Violence for Idaho on
Q: In a domestic battery case where the state is the one pressing the charges against both spouses statements.

The husband spend a total of 3 days in jail the first two he is making phone calls to his wife and they are discussing the situation and what they are going to do on the third day the defendant sees a judge and is released on pretrial but if given a no contact order by the judge on that third day... View More

Kevin M Rogers
Kevin M Rogers
answered on Jun 21, 2020

This sounds like a situation wherein the actual prosecutor believes he/she’s a witness to an NCO violation, perhaps a jail call (that they listen to). It’s a much trickier charge to get out of since the threat of amending the charge is easier than you’d ever imagine for the State to prove.... View More

1 Answer | Asked in Child Custody, Child Support, Divorce and Domestic Violence for Idaho on
Q: Abusive absent father who is still legally married to his first wife, is trying to get 50 50

Been seperated 4 years, attempts at reconciling ending in mental and physical abuse for myself, During this time our 6 year old son has solely resided with me, with no financial support from father. Father was given chance after chance to be an active father and would always end up not following... View More

Kevin M Rogers
Kevin M Rogers
answered on Feb 5, 2020

If you and he had no previous custody order in place, then strictly speaking, he is NOTHING but a sperm donor. Simply by having his name on the birth certificate gives him NOTHING but obligations to pay child support. If he ever wanted to become the "father" of this 6 yr. old son, he... View More

1 Answer | Asked in Domestic Violence for Idaho on
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

Kevin M Rogers
Kevin M Rogers
answered on Mar 13, 2019

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... View More

1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for Idaho on
Q: I told the cops my husband threw something into my room I remember he wasn't in the room when it happened. What do I do

I told cops my husband hit me in the head with something but when i remembered what really happened was Something fell off the shelf I remember now that my husband wasn't even downstairs where I was he went to jail and now is facing battery domestic violence charges. How do I go in and tell... View More

Kevin M Rogers
Kevin M Rogers
answered on Oct 10, 2018

You are obligated NOT to commit perjury and it’s not the judge your need to tell it’s the prosecutor so that she can dismiss charges against your husband.

1 Answer | Asked in Domestic Violence for Idaho on
Q: What is assult and what is battery
Mr. David Thomas Pisarra
Mr. David Thomas Pisarra
answered on Dec 28, 2010

Assault is putting someone in fear of being actually hit.

Battery is the actually hitting of a person.

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