Domestic Violence, Arrests, and Police Response in Idaho
Information on what typically happens when Idaho police respond to domestic violence incidents.
Police Response and Domestic Violence Charges in Idaho
This page offers general information about how police and criminal charges may work in Idaho domestic violence situations. It is not legal advice and cannot replace speaking with a lawyer or an advocate who knows Idaho law.
When Someone Calls Law Enforcement in Idaho
When someone calls 911 or local law enforcement in Idaho about domestic violence, the dispatcher will usually:
- Ask where you are and if anyone is hurt
- Ask whether there are weapons or immediate dangers
- Send officers to the location, if possible
When officers arrive, they commonly:
- Check that everyone is safe and separate the people involved
- Look for visible injuries and signs of a struggle
- Ask each person what happened, often in different areas
- Speak with any witnesses, including neighbours or children (in a way they consider appropriate)
- Sometimes take photos of injuries or damage
- Collect any available evidence, such as broken items or weapons
Officers then decide how to respond, which can include:
- Writing an incident report only
- Making an arrest
- Helping someone get medical care
- Giving information about shelters or victim services
When Officers May Make an Arrest
Idaho has specific rules for when officers may or must arrest someone in a domestic violence situation. The details can be technical, but in everyday language, an officer may arrest when:
- They believe a domestic violence crime happened, based on what they see and hear
- They see injuries or damage that support what someone is reporting
- A recent assault or threat is described in a way that gives them “probable cause” to think a crime occurred
- They believe one person was the main or “primary” aggressor
- There is a valid no-contact order or protection order, and they believe it was broken
Officers often look at factors like:
- Who has visible injuries and how serious they are
- Whether anyone used or threatened to use a weapon
- Any history of past violence that they know about
- Whether one person appears fearful and the other appears controlling or threatening
The Difference Between a Police Report and Criminal Charges
It is common to feel confused about the difference between “reporting” and “pressing charges.” In Idaho:
Police Report
A police report is:
- The written record officers create about what happened
- Based on what they saw, what people said, and any evidence they collected
- Usually given a case number
A report can exist even if:
- No one is arrested right away
- The person harmed does not want to continue with the case
Formal Criminal Charges
Criminal charges are different. In Idaho, charges are usually:
- Decided by a prosecutor (sometimes called a county or city attorney)
- Filed in court as a complaint or information listing specific criminal offences
- Based on evidence from police, witnesses, and any other sources
Someone harmed by domestic violence does not personally “press” or “drop” charges. Instead:
- The prosecutor decides whether to file, change, or dismiss charges
- The survivor’s wishes may be considered, but they are not the only factor
What Usually Happens After an Arrest
Processes can vary by county in Idaho, but these are common steps after someone is arrested for domestic violence:
Jail and Booking
- The arrested person is taken to a local jail
- Jail staff record their information and fingerprints (this is called booking)
- Personal belongings are taken and stored while they are in custody
In many domestic violence cases, the person may need to wait in jail until they see a judge, especially if a no-contact order is being considered.
First Court Appearance
The first appearance in court usually happens within a short time (often the next business day, but timing can vary). At this hearing, a judge typically:
- Explains the charges in simple terms
- Talks about the person’s right to a lawyer
- Decides on bail or release conditions
- May issue a no-contact order
No-Contact Orders in Criminal Cases
In Idaho domestic violence cases, the judge may order the accused person not to contact the survivor. This criminal no-contact order can:
- Order no direct or indirect contact of any kind
- Require the person to stay away from the survivor’s home, work, or school
- Include rules about firearm possession, depending on the situation and law
How Survivors Might Track the Case
People harmed by domestic violence often want to know what is happening with the case and any future court dates. In Idaho, possible options may include:
- Contacting the local prosecutor’s office and asking for the victim-witness unit or victim services
- Asking police for the case number and how to check on the status
- Checking county court records online, where available, using the accused person’s name or case number
- Signing up for notification services, if offered in that county, to receive updates about release from jail or court hearings
When speaking with police, jail staff, or the prosecutor’s office, it can help to ask:
- “How can I be notified if this person is released from custody?”
- “Is there someone I can talk to about my safety concerns?”
- “How can I find out about future court dates?”
Criminal Cases, Protection Orders, and Family Law
It can be confusing when criminal charges, protection orders, and family law issues all happen around the same time. In Idaho, these processes are related but separate.
Criminal Case vs. Civil Protection Orders
In addition to any criminal no-contact order, a person harmed by domestic violence may be able to ask a civil court for a protection order. In general terms:
- A criminal no-contact order is part of the criminal case and is controlled by the judge in that case
- A civil protection order is requested by the person seeking safety, using forms filed in civil court
Both types of orders can:
- Limit or block contact
- Require the person to stay away from certain places
- Last for different lengths of time, depending on what the judge orders
However, they are not automatic replacements for each other. Changes to one order do not always change the other.
Impact on Parenting, Custody, and Family Law
Domestic violence criminal charges in Idaho can also affect family law matters, such as:
- Parenting time or visitation schedules
- Where children live most of the time
- Conditions for exchanges of children (for example, public places or supervised settings)
Family law judges may consider:
- Any domestic violence convictions
- Open criminal cases
- Existing protection orders or no-contact orders
Because each situation is different and laws can be complex, many people choose to speak with:
- A family lawyer
- A legal clinic or legal aid service
- A domestic violence advocate who understands local court practices
Additional support options across the United States, including links that may help you find local legal and advocacy resources, are listed at DV.Support. For Idaho-specific legal questions, consider contacting an Idaho lawyer or legal aid office.
Balancing Safety and Participation in the Case
Some survivors want the criminal case to move forward; others feel unsure or worried about what might happen. It is common to have mixed feelings. Some possible steps to consider include:
- Asking a victim advocate to help explain what to expect in court
- Letting the prosecutor’s office know about safety concerns, including concerns about testifying
- Planning for safety if court requires both people to be in the same building or room