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.

Boise Family Law Lawyers - Divorce Attorneys (208) 472-2383

Interesting Family Law Issues
As a Boise Family Law Attorney I deal regularly with divorce, custody, paternity, modification, child support and domestic violence.  Even though some of these issues can be complicated by conflict the concepts involved in these issues are fairly straight forward.  However, every once in a while something will throw you a curve ball.

Paternity
As a Boise Divorce Attorney, I have handled divorce and modification cases that seem routine.  Occasionally, however, some interesting issues arise.  One such issue is Paternity.  Now and then a new client will come into my office seeking a modification or responding to one.  This isn't unusual.  What is unusual is when the client has been paying child support and having visitation with a child that is legally not theirs.

Sometimes it is the case of mistake.  Sometimes they presumed it was their child.  Sometimes that is a mutual mistake for both parties.  Sometimes the one party was convinced by fraud that the child is theirs.  Other, more rare situations, are when the client knows the child is not theirs but they felt obligated to provide for the child anyway.

How to Fix Paternity Issues in Idaho
So what happens in these various situations?  If the presumption is wrong, and the child is not biologically the child of one of the parties, and no fraud was committed, your Boise Divorce Attorney or family law attorney will petition the court to terminate any child support order.  If you know the child is not yours but you want to have a relationship with that child and the child's biological parent is ok with it, you can ask that the existing order be kept in place or even modified (one caveat; not all judges will ok a stipulation for you to pay child support and have visitation with a child that is not yours even if both parties agree).  If, however, you were fraudulently convinced that the child was yours and you have paid child support for that child, you can bring charges against the other parent, if they were the one that committed the fraud.  They have to have known with a degree of likelihood that you were not the biological parent and taken child support from you anyway.  If this is the case you can either seek reimbursement from the mother, who collected child support or the child's actual father who should have paid child support that whole time.

If you are public assistance and your child was born out of wedlock, the state will automatically require the father to have a paternity test to avoid the exact problems I outlined above.

If you need to speak to a Boise Divorce Attorney about divorce, custody, child support, modification, termination, adoption or domestic violence, give us a call to speak with one of our Boise Family Law Attorneys, (208) 472-2383 and see what we can do for you.  Call now, you will be glad you did.

Boise Attorney Discusses Domestic Violence and Your Right to Bear Arms

Domestic Violence and the Right to Bear Arms
As a Boise Divorce Attorney I handle hundreds of domestic violence cases each year.  Some of these are mere allegations of domestic violence, while others actually lead to the implementation of a restraining order or a criminal conviction for domestic violence.  But what exactly, does domestic violence have to do with the right to bear arms?

No Guns for Felons
Firstly, the Second Amendment of United States Constitution grants the right to bear arms to all U.S. Citizens.  Many people know that you can lose this right if you are convicted of a felony.  As a Boise Criminal Attorney, I see individuals lose this right regardless of the nature of the felony.  For example, it makes sense that you would lose your right to carry a gun if you committed a felony involving a gun.  However, it doesn't stop there.  If you incur a third time DUI (a felony), you will lose your right to bear arms.  There are two exceptions to the "any" felony rule.  If you are convicted of a felony in a foreign country or a felony involving an antitrust or unfair trade practices you cannot be convicted in federal court for illegal gun possession.

Domestic Violence Conviction
Prior to 1996, domestic violence, unless it rose to the level of a felony, and gun control had very little to do with one another.  In 1996 the US Congress passed a law that made it illegal to bear arms if you were convicted of the crime of domestic violence.  What does this mean? 

Although domestic violence is a crime, it is often handled in the divorce or family law context and without criminal implications.  An ex parte hearing is the first step.  This is an emergency hearing where the individual who is being abused petitions the court for a temporary restraining order.  The court will issue the order on a temporary 2 week basis to provide protection, but also to give the other side the chance to have their side heard.  If, after hearing the evidence, the judge determines that there has been domestic violence they will order a no contact order.  These generally last a year and must be renewed thereafter.  If the judge determines there was no basis for the temporary order he or she will dismiss the case.  If the battered individual files charges with the police and domestic violence charge is pursued by the prosecuting attorney the individual inflicting the harm can be charged and potentially convicted of the crime of domestic violence.  If this happens, that individual will permanently lose all rights to bear arms.  It doesn't just apply to handguns for protection, but applies to hunting guns and ammunition as well.  I say permanently because, even if your record is expunged or you are otherwise pardoned (the only way to get your right to bear arms back), it can be difficult to restore your rights.

As a Boise Divorce Attorney, I must always counsel my clients on this potentiality.  If you have been convicted of the crime of domestic violence and you have a gun in your possession, instead of being your divorce lawyer, I will become your criminal lawyer.

Even if you aren't convicted of the crime of domestic violence, simply by being subject to a no contact restraining order you will lose your right to bear arms.  This loss of rights, however, is only temporary.  Once the no contact order has expired you can once again go hunting or have a gun in your home for protection.

What If You Use a Gun As Part of Your Work?
Is there a law enforcement or a military exception to the gun control law?
There is not.  The Federal Code does allow for some exceptions to gun possession for law enforcement or military personnel, but not when a domestic violence conviction is involved.  What this means is you, in effect, is you lose your ability to work in your profession because you cannot pack your weapon, nor carry ammunition. 

Domestic Violence is a serious charge.  If you have a DV issue and you would like to speak to a Boise Family Law Attorney, give us a call, (208) 472-2383 and see what we can do for you.

Boise Family Law Lawyers (208) 472-2383 Domestic Violence and Restraining Orders

Domestic Violence and Restraining Orders

As a Boise Divorce Lawyer, my clients with restraining orders often ask me the following question. What do you do when you have a restraining order against someone and you need to call the police to notify them that the order is being violated?  You can keep your restraining order with you, and hope you can find it when you need it, or now, thanks to the Hope Card, you can keep a small, credit card sized, laminated information card with you.  The Hope Card provides the police with all the pertinent information you need to prove that you have a restraining order, including a photo of the person who is being restrained from coming near you.

Is the Hope Card for everyone?  No, it is only issued when you have at least a 12 month restraining order.  If you do, you can get the card free from the Idaho Attorney General's office.  You also must go through the regular process to get your restraining order in the first place.  You can do this on your own or be represented by a Boise Divorce Attorney.  Once the restraining order is in place, you can visit the attorney general's website and apply on-line.  Eventually, the card may become available to all victims of domestic violence despite the length of time of the restraining order.

If you are a victim of domestic violence and need to speak to a Boise Family Law Lawyer, please call (208) 472-2383.

Boise Divorce Attorney - Idaho Family Law Lawyers - Custody Attorneys - Visitation

Boise Divorce Attorney, Idaho Family Law Lawyers, Custody Attorneys, (208) 472-2383, divorce, custody, visitation, modification, child support, adoption, termination and all family law matters including probate, elder law, domestic violence and criminal matters effecting the family.

As a Boise Divorce Attorney I frequently get calls from people who have been involved in a divorce and custody proceeding and have had visitation established by a court order.  In connection with this, people often want to know what happens when they cannot exercise their visitation.  They are often afraid that if they skip a visitation because they are out of town, have to work or are ill, incarcerated or deployed in the military that the other parent will refuse visitation or take them to court to get a custody modification.

Divorce and custody tend to be high conflict areas and Boise Divorce Attorneys know this.  The best advice is never to skip a visitation without first notifying the other party.  Hopefully, the two parties are a good working grounds and are able to make adjustments for contingencies that occur.  For example, if your original divorce and custody decree gave you visitation every Thursday and then alternating weekends, and now you have to work every Thursday you would hopefully be able to make arrangements with the other party to give you a different day of the week for that visitation.  Sometimes this isn't possible and you must have a Boise Divorce Attorney modify your original decree.  Even if you and the other party agree, it is important to have the agreement in writing to protect yourself in the future.

For Military Personnel who are deployed, there is the option of delegating their right to visitation via a power of attorney.  This allows them to give their visitation right to whom ever they want while they are deployed.  Now, I say "to whom ever they want" with the caveat that it should be to a person who makes sense to have visitation with the child; grandparents, for example, or their new spouse, particularly if there are step or half siblings with whom continued contact would be important.

If you have a visitation issue and need to speak to a Boise Divorce Attorney or Idaho Family Law Lawyer, please call (208) 472-2383.

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.