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Idaho Domestic Violence Questions & Answers
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... Read 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... Read 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... Read 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.... Read 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... Read 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... Read 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... Read 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... Read 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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