FAQs

Victims of Domestic Violence can obtain help by contacting one of the following service providers:

YWCA –
208-746-9655 or the 24 hour hotline 800-669-3176

Statewide Idaho -
800-669-3176 (Idaho State Domestic Violence Hotline)

Statewide Washington -
800-562-6025 (Washington State Domestic Violence Hotline)

National -
800-799-7233 (National Domestic Violence Hotline)

No-contact orders are issued by judges in criminal cases. The Idaho Code specifically provides for the issuance and handling of such orders.

The crimes to which a no contact order typically apply are assault, aggravated assault, battery, aggravated battery, assault or battery with intent to commit a serious felony, domestic assault/battery (misdemeanor and felony), phone harassment, and stalking.

No-contact orders have the same effect as a civil protection order. However, they may not be as detailed as civil protection orders or address issues such as child custody and possession of certain property of the parties. The prosecutor may ask for the court to enter a no-contact order in order to prevent or limit the defendant's contact with the victim and with witnesses.

A no-contact order is in addition to a civil protection order. The fact that one has been withdrawn or dismissed does not simultaneously cause the other order to be withdrawn or dismissed.

A no-contact order may be modified or dismissed by the Court at the victim's request.

FEDERAL VIOLENCE AGAINST WOMEN ACT

In 1994, Congress passed the Violence Against Women Act ("VAWA") to address domestic violence issues nationwide. The VAWA was amended in 1996 and 2000. It is a violation of VAWA to:

1. cross state lines or enter or leave Indian country and commit or attempt to commit a crime of violence against an "intimate partner" (Title 18, United States Code, Section 2261)
2. cross state lines to stalk or harass or to stalk or harass within the maritime or territorial lands of the United States (which includes military bases and Indian country) or to stalk by mail or computer (Title 18, United States Code, Section 2261A)
3. cross state lines or enter or leave Indian country and violate a qualifying Protection Order (Title 18, United States Code, Section 2262)

Generally, federal law recognizes an "intimate partner" as a spouse, a former spouse, a person who shares a child in common with a victim, or a person who cohabits or has cohabited with the victim.

A Protection Order generally "qualifies" under Section 2262 if reasonable notice and an opportunity to be heard was given to the person against whom the court order was entered, and if the order forbids future threats of violence. The United States Attorney's Office will examine the case and determine whether the Protection Order qualifies under Section 2262.

A violation of VAWA has a maximum prison term of five years to life. The amount of the sentence is greatly influenced by the seriousness of the bodily injury caused or attempted by the defendant. In addition in a VAWA case, the court must order restitution to the victim for the full amount of losses. These losses may include costs for medical or psychological care, physical therapy, transportation, temporary housing, child care expenses, lost income, attorney's fees, costs incurred in obtaining a civil protection order, and any other losses suffered by the victims as a result of the offense.

The federal victim rights statute is located at 42 U.S.C. Section 10606(b).

Violations of the VAWA should be reported to the local Federal Bureau of Investigation ("FBI") office. The local office for Nez Perce County is: 208-746-3440.

The United States Attorney's Office can be contacted at 1-888-895-1036 (Victim-Witness Coordinator) or 208-334-1211 (Assistant United States Attorney, VAWA Point of Contact).

You can access the text of the VAWA and other important federal legislation through the Violence Against Women Office of the U.S. Department of Justice, Office of Justice Programs.

FEDERAL GUN CONTROL ACT

In 1994 and 1996, Congress passed changes to the Gun Control Act to address domestic violence situations. It is a violation of the Gun Control Act to:

1. possess a firearm and/or ammunition while subject to a qualifying Protection Order (Title 18, United States Code, Section 922(g)(8))
2. to possess a firearm and/or ammunition after a conviction of a qualifying misdemeanor crime of domestic violence (Title 18, United States Code, Section 922(g)(9)

A Protection Order generally "qualifies" under Section 922(g)(8) if reasonable notice and an opportunity to be heard was given to the person against whom the court order was entered and if the order forbids future threats of violence. The United States Attorney's Office will examine the case and determine whether the Protection Order qualifies under Section 922(g)(8).

For purposes of Section 922(g)(9), a conviction will generally be a "qualifying" domestic violence misdemeanor if the conviction was for a crime committed by an intimate partner, parent or guardian of the victim that required the use or attempted use of physical force or the threatened use of a deadly weapon. There are other legal requirements as well. The United States Attorney's Office will examine the case and determine whether the prior domestic violence misdemeanor conviction qualifies under Section 922(g)(9).

A violation of the Gun Control Act has a maximum prison term of ten years. The Court may order restitution to be paid to the victim.

The federal victim rights statute is located at 42 U.S.C. Section 10606(b).

Violations of the Gun Control Act should be reported to the local Alcohol, Tobacco and Firearms ("ATF") office. The Idaho office of ATF can be contacted at 208-334-1983.

The United States Attorney's Office can be contacted at 1-888-895-1036 (Victim-Witness Coordinator) or 208-334-1211 (Assistant United States Attorney, VAWA Point of Contact).

You can access the text of the VAWA and other important federal legislation through the Violence Against Women Office of the U.S. Department of Justice, Office of Justice Programs.

Idaho's laws regarding obtaining civil protection orders (in the context of domestic violence) are found in the Domestic Violence Crime Prevention Act.

Proceedings to obtain protection orders are separate from the criminal proceedings handled by the prosecutor's office. The Victim/Witness Coordinator can assist victims filing for civil protection orders if the victim is involved in an on-going criminal case being handled by the Nez Perce County Prosecutor’s office. If there is not an on-going criminal case, some assistance can be obtained by going to the YWCA website or by calling them at 208-743-1535 or by going to the Court Assistance Officer website or by calling them at 208-799-3191.

Violation of a civil protection order is a misdemeanor violation punishable by up to one year in jail and a $5,000 fine.

There is no court filing fee required for a civil protection order. Court forms pertaining to civil protection orders can be obtained from the magistrate clerk's office at the courthouse or a printable protection order application. The Court Assistance Project, created by the Idaho Supreme Court, has an application form available on the internet that can be filled out online, printed, and taken by the applicant to the courthouse for filing. This online application is very user-friendly and walks the user through the application process and provides information on what does and does not qualify under the governing statutes. To use the Court Assistance Project form, go to the protection order application website. A civil protection order application and other court forms regarding protection orders can be viewed and downloaded at the Idaho Supreme Court web site. The forms available include applications to modify, terminate or renew an existing protection order and a notice of hearing.

It a misdemeanor to intentionally give or cause to be given a false statement in the application for a restraining order.

A civil protection order is a separate order from a "no contact" order entered against a defendant in a criminal case. The fact that one order has been withdrawn or dismissed does not automatically cause the other to be dismissed or withdrawn.

The Idaho Council on Domestic Violence & Victim Assistance provides assistance to victims and to victim advocates. They have a wealth of information on their web site.

The National Center for Victims of Crime has useful information on various topics.

The National District Attorneys Association has information to assist prosecutors and victim advocates, including research, technical assistance, and publications.

The National Coalition Against Domestic Violence has information on dealing with domestic violence and resources for assisting victims of domestic violence.

National Victim Center - 1-800-FYI-CALL
The National Organization For Victim Assistance is a national clearinghouse for victim assistance information and resources.

You can consult the local yellow pages of the telephone directory when attempting to locate an attorney to assist you. Or use a web site such as Dex Internet White and Yellow pages.

The Idaho State Bar also has information on obtaining legal assistance. The State Bar has made available at Online Consumer Guide to Idaho Lawyers.

The Idaho State Bar also has a Lawyer Referral Service. The service works by matching you with an attorney in your area of the state who handles the kind of case you have. The referral itself is free of charge and you receive a reduced charge for your first half hour consultation. You can contact the Lawyer Referral Service and submit a request, call the Idaho State Bar at 208-334-4500, or write to the Idaho State Bar at P.O. Box 895, Boise, Idaho, 83701.

Many victims of domestic violence are unable to afford to hire private counsel to assist them. Below you will find resources that are available to low-income persons to obtain legal assistance.

The Idaho Volunteer Lawyers Program was founded by the Idaho State Bar and is a service of the Idaho Law Foundation. IVLP helps individuals access the legal system and provides advice, consultations, or case representation for low income persons. The IVLP provides direct legal services to applicants who qualify financially under federal income guidelines and according to program priorities in those types of civil cases for which legal help is not available through Idaho Legal Aid Services. You can learn more about the program by visiting the Idaho Volunteer Lawyers Program. You can contact IVLP by accessing their online application form, IVLP Application Form, then print and mail the form to the Idaho Volunteer Lawyers Program at P.O. Box 895, Boise, ID 832701-0895, or fax it to the IVLP at 208-334-4515. You can also contact the IVLP at 208-334-4510 or 800-221-3295 (toll free, Idaho only). There is also a Modest Means Program for those individuals of moderate income who could otherwise not afford an attorney. Call the Idaho State Bar at 208-334-4500 for an application.

Idaho Legal Aid Services, Inc. provides services to low income persons. Their web site can be accessed in English and Spanish. It has a wealth of information on obtaining legal services including several downloadable pamphlets on various topics of interest to victims of domestic violence. Idaho Legal Aid provides a Domestic Violence Legal Advice Line. You can obtain more information about the advice line by calling the advice line at 1-877-500-2980. Idaho Legal Aid has an office at 633 Main Street, Suite 103, Lewiston, Idaho 83501, 208-743-1556.

The Court Assistance Offices Project created by the Supreme Court can also provide assistance, including certain court forms. Each judicial district has local attorneys assigned to each county as court assistance officers. You can find a list of court assistance officers by clicking on the Supreme Court's Roster link, by contacting the District Wide Court Assistance Officer, or by contacting the Court Assistance Officer at 208-799-3191. The project has both downloadable pamphlets available in English and Spanish, to assist victims of domestic violence on a range of topics. These pamphlets can be accessed by browsing the page at this link to the of the Project's web site.

The Idaho Supreme Court has various materials available on the court system and various topics in addition to those available on the Court Assistance Office Project.

YWCA –
208-746-9655 or the 24 hour hotline 800-669-3176

Quality Behavioral Health - 509-758-3341

Center for New Directions - 208-792-2331

Domestic violence evaluators perform an investigation using various tests and evaluation tools to arrive at opinions about a person's propensity to commit domestic violence and their rehabilitative potential. Evaluators recommend necessary treatment plans that the person should follow. In the case of criminal defendants convicted of domestic violence, the law requires that the person obtain a domestic violence evaluation prior to sentencing.

The Idaho Supreme Court maintains a list of certified domestic violence evaluators. You can also obtain a list, which is sometimes more current that the Supreme Court's list, by contacting or stopping by the Magistrate Court Clerk's Office at the Courthouse.

EMERGENCY PET FOSTERING

Some Victims of domestic violence report staying with an abuser out of fear that their abuser will hurt the family pet.

You can leave and keep your pet safe by using a temporary foster!

Temporary emergency pet fostering is available for up to 30 days while victims of domestic violence are separating from an abusive partner.

Foster homes are screened, vetted, and confidential. Your pet will be in a safe environment while you focus on your safety and security.

For more information on emergency pet fostering, as well as resources on ending domestic violence, please contact the Lewiston YWCA at 208-743-1535 or drop by in person at 300 Main Street, Lewiston, ID 83501.