Saturday, May 7, 2011

Boise Divorce Attorney - Idaho Criminal Lawyer - Criminal Issues in the Divorce or Custody Context

Boise Divorce Attorney, Idaho Attorneys; Divorce Custody, Family Law, Criminal Law, DUI, Probate, Employment Law, Personal Injury and Small Business Law call (208) 472-2383.

As part of my practice as a Boise Divorce Attorney I regularly deal with domestic violence and crime affecting the marital state.  These crimes tend to revolve around divorce or the break-up of a relationship.  There are generally two types of violence affecting the marital state.  The first is domestic violence.  Boise Divorce Lawyers see this as a regular part of their divorce practices.  The way it works for domestic violence is a party or their lawyer will file for a temporary restraining order.  This filing allows the party to get what is known as an ex parte hearing.  This allows the victim of abuse to get an expedited hearing and the restraining order in place before any harm can be done or further harm is done.  These are often used in the divorce context because the marital union is breaking down and frustration can lead to anger.  Domestic violence cases also often surround custody battles.  Ex parte hearings involving domestic violence can be subject to abuse.  Sometimes people, out of spite will claim domestic violence when the cantor of their relationship does not rise to the level of abuse.  

Upon the placement of the temporary restraining order the accused party is given an expedited hearing so that they or their divorce lawyer can present evidence why the claim is unwarranted.  If there are no grounds for the temporary order the judge will dismiss it, often with the warning that domestic violence is nothing to cry wolf about.  If the attorney and the victim are able to demonstrate through competent evidence that domestic violence exists and harm is likely without the restraining order, the judge will issue a no-contact order.  This means that the parties are to have no contact for a specified period, except through their attorneys for necessary things like those things pertaining to the divorce or custody.

The domestic violence outlined above, although it is of a criminal nature, is often handled by a Boise Divorce Attorney.  There is a situation where crime within the marital union may necessitate the help of a Boise Criminal Lawyer.  There is something known as malicious injury to marital property.  This is when one spouse destroys community property assets.  This most often occurs pursuant to a divorce or a custody battle, when once again, because of frustration, anger rears its ugly head.  Malicious injury to marital property is a crime in Idaho.  The penalty for the person responsible for the destruction depends upon the aggregate value of the property destroyed.  If the value of the property is $1,000 or less, the perpetrator can be sentenced up to a 1 year in jail, a $1,000 fine or both.  This is a misdemeanor charge.  If the value of the property is greater than $1,000 there is a minimum 1 year jail sentence, but depending upon the value and the circumstances of the harm, the sentence can be as much as 5 years in prison.  In addition there can be a fine of up to a $1,000.  When you are convicted of malicious destruction to marital property and the value of the property is greater than $1000 the crime is a felony.

A domestic violence charge in connection with a divorce or custody battle will be handled by a family law judge in family law court and can be handled by a Boise Divorce Attorney.  A malicious destruction to marital property is a criminal charged to be handled in criminal court.
If you are seeking a divorce or custody, or have domestic violence or marital crime issues and need to speak to a Boise Divorce Attorney or a Boise Criminal Lawyer, please call (208) 472-2383.


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