Tuesday, June 10, 2014

Criminal Law in the Divorce Context

Criminal Law in the Divorce Context

I have blogged before about the overlap of criminal and family law.  But summertime is a prime time for the two to overlap. So today I will spend a few moments discussing what not to do to prevent your Boise Divorce Attorney from having to become your Boise Criminal Lawyer.

Custodial Interference

Summertime, like Christmas and Spring Break are a time when vacations and holidays change up your visitation schedule.  Conflicts arise due to flight changes, activities and the general busyness of summer.  A court ordered visitation schedule or a court ordered temporary order schedule is undoubtedly in place if you are in the process of divorce or have gone through a divorce.  It should be well outlined in your schedule who has visitation, times for return and what happens if a change needs to be made.  Some people flow with this very easily.  For others, there is great strife.

So, how does criminal law come into changing a visitation schedule?  If your order says that you get your kids for two weeks during the summer and outlines when they are to be returned and you fail to return them and you fail to get the appropriate written consent for change or out-of-state visitation, the other party can seek the help of the authorities and have you charged in a criminal context.  Custodial interference is something that judges do not like.  Your divorce decree or your temporary orders should be very specific about return times and changes and out-of-state visitation.  Don't get caught up in the criminal law system. Make sure your read your order and get back on time or have a written agreement to the contrary signed by the other party.

DUI, Domestic Battery and Sumer-time Fun Gone Bad

Summertime, like the holidays, is another time when criminal lawyers and divorce attorneys, alike, see an uptick in drinking related offenses.  This can appear in things like DUI, because people tend to drink alcohol more heavily in the beautiful days of summer or during the winter holidays when people are gathering to celebrate.  While a DUI does not technically fit into the divorce law context, the drinking involved, which ultimately may lead to driving under the influence of alcohol, can spill over into the family law context.

Often, though not always, domestic battery is precipitated by drinking.  When you drink you lose your inhibitions.  Built up frustration can lead to anger and anger can get out-of-hand.  Don't let that happen.  If you drink, first and foremost, don't drink too much.  Avoid getting into discussions when you are angry.  You get relaxed when you drink and often people bring up difficult topics when they are drinking because they are relaxed and more comfortable about addressing issues which they may be unable to talk about without drinking.  If you find yourself in this situation, and you notice that either you or your partner get agitated, angry or violent, seeking counseling.  It can be a very helpful way to get issues on the table to discuss.  Much more helpful than alcohol.

If you need a Boise Divorce Attorney or Idaho Criminal Lawyer, give us a call, 208-472-2383, and see what we can do for you.


  1. must be nicely outlined in your schedule who has visitation, occasions for return and what occurs if a change needs to be made. Some people move with this very simply.


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