Idaho Domestic Battery

^{Misdemeanor Domestic Battery | Felony Domestic Battery | Idaho DV Lawyers}

Domestic Battery

It is illegal to commit the crime of Battery on anyone but the crime is enhanced when the victim is a household member or the parties are in a romantic relationship.

What is Battery?

Battery is defined as any unwanted touching of one person by another. This can be a push, a punch, a slap, or something as small as poking another with a finger. It does not have to cause physical harm or an injury. For more information see: Battery.

Who Qualifies as a “Household Member” Under Idaho Law?

Under Idaho law, the term “household member” extends beyond just spouses. This category includes not only a current spouse, but also a former spouse, someone with whom you share a child (regardless of marriage), or a person you currently live with—even if you've never been married or publicly claimed to be a couple. The law's broad definition is designed to cover a range of domestic relationships, ensuring protection applies in various living situations and partnerships.

What is the Difference Between Felony Domestic Battery and Misdemeanor Domestic Battery?

Domestic battery can be charged as either a felony or a misdemeanor in Idaho. The classification depends on the facts of the case and the prior criminal history of the defendant.

^{Misdemeanor vs. Felony Domestic Battery in Idaho}

Types of Domestic Violence Charges

Domestic battery is just one of several charges that can arise out of a domestic violence incident in Idaho. Depending on the facts, allegations may include:

• Domestic Assault
• Domestic Battery
• Domestic Assault or Battery in the Presence of a Child
• Kidnapping or False Imprisonment
• Stalking or Harassment
• Physical Violence (e.g., hitting, shoving, choking, punching)
• Sexual Abuse, Rape, or Forced Sexual Contact
• Crimes Against Children
• Negligent or Justifiable Homicide

Each of these offenses carries significant legal consequences and may be charged as a misdemeanor or a felony, depending on the circumstances and any resulting injuries.

Felony Domestic Battery

Any household member who commits a battery on another household member and inflicts a traumatic injury upon any other household member may be charged and convicted of a felony.

What is the Punishment for Felony Domestic Battery?

A felony domestic battery conviction is punishable by imprisonment for a term not to exceed ten (10) years, by a fine not to exceed ten thousand dollars ($10,000), or by both fine and imprisonment.

Misdemeanor Domestic Battery

A household member who commits an assault or battery on another household member that does not result in traumatic injury may be found guilty of a misdemeanor domestic violence.

What is the Punishment for Misdemeanor Domestic Battery?

A first misdemeanor conviction is punishable by a fine not exceeding one thousand dollars ($1,000), by imprisonment in a county jail not to exceed six (6) months, or both.

Domestic Battery in the Presence of a Child

If a Domestic Battery is committed in the presence of a child, the penalties are enhanced. Depending on the harm caused by the battery, it can be a misdemeanor or a felony. Typically a conviction for a domestic battery that is committed in the presence of a child doubles the potential penalties. More information can be found here: Domestic Assault or Battery in the Presence of a Child.

Prior Domestic Convictions

Each domestic violence conviction carries an increased penalty for future convictions. Before you plead guilty to a domestic violence offense make sure you understand all the implications.

Enhanced Penalties

A second misdemeanor conviction carries enhanced penalties—imprisonment in the county jail for a term not to exceed one (1) year, a fine not exceeding two thousand dollars ($2,000), or both a fine and imprisonment.

A third misdemeanor domestic violence crime within fifteen (15) years of the first conviction is a felony. The punishment for a third offense is imprisonment in the state prison for a term not to exceed five (5) years, a fine not to exceed five thousand dollars ($5,000), or both.

A conviction for misdemeanor DV where the defendant was convicted of a felony DV within the last 15 years is a felony offense and subject to imprisonment in the state prison for a term not to exceed ten (10) years, a fine not to exceed ten thousand dollars ($10,000), or both.

Understanding the full range of charges and the increasing severity of penalties is crucial when facing domestic violence allegations. The consequences can be life-altering and may involve a wide range of alleged conduct—from physical attacks or child endangerment to accusations of stalking or false imprisonment. Facing any of these charges requires a clear understanding of both the legal definitions and the potential criminal penalties under Idaho law.

Gun Rights Implications

Most people know that felony convictions result in the loss of the right to own or possess firearms. Less well known is that even a misdemeanor domestic violence conviction will result in the loss of your rights to possess, transport, purchase, or own a firearm under federal law. This is a lifetime ban - the ban does not end when probation expires - and restoring gun rights can be difficult after the fact. Many people plead guilty in misdemeanor domestic violence cases not knowing that this is the case.

What Conduct Can Lead to a Domestic Violence Protection Order in Idaho?

A person can ask the court for a domestic violence protection order if someone deliberately threatens, harasses, or puts them in fear for their safety. In Idaho, courts can issue protection orders in situations such as:

• Stalking: Following, surveilling, or repeatedly contacting someone in a way that would scare a reasonable person, whether in person or electronically.
• Intimidating Communications: Using the phone, email, or any messaging service with the intent to terrify, threaten, or intimidate somebody—especially if there's a threat to harm them or their family.
• Bias-Related Threats or Harassment: Intimidating or harassing another person, or threatening harm or property damage, based on their race, color, religion, ancestry, or national origin.

If any of these actions happen, the victim—or even someone acting on behalf of their family—can request protection from the court.

Contact Our Firm To Discuss Your Domestic Battery Case

If you are charged with a felony or misdemeanor domestic violence crime, you will need a lawyer that will fight to protect your rights. Call us today for a free consultation.