Super Bowl Sunday and domestic violence: Not just a coincidence

I have struggled with whether or not to publish this article as it addresses some unpleasant truths. My goal in writing these articles, in a positive manner, is to educate the community on some legal issues that can affect families, businesses and possibly the community so that people can become proactive in their situation. They are not to be misconstrued as legal advice, as that would require any lawyer to first examine the specific facts of each individual’s situation. Revisiting my goal thus governs my decision to address the issue of domestic violence. That being said, here goes.

Super Bowl Sunday this year is February 7th, 2016. Historically statistics have shown that there is a higher rate of domestic violence during and after the Super Bowl than any other day of the year. That is not to say that domestic violence does not occur on any other days of the year, but it does provide me with a timed opportunity to address the issue of domestic violence and what to do about it.

There are many definitions of domestic violence and I am constantly surprised that many people are not familiar with what domestic violence is. Idaho law (Idaho Code section 39-5202) defines domestic violence as: “the physical injury, sexual abuse or forced imprisonment or threat thereof a family or household member.” In my professional experience I have found that domestic violence can include, but is not limited to the following acts; hitting, spitting, slapping, hair pulling, pushing, kicking, choking, and confining against one’s will.

What can be done if this happens to you? Prevention is always the best answer but not always possible. Some options available to you if you become a victim of domestic violence is to get out of the house (or otherwise remove yourself from the direct threat), call the police and make a report, take photos and get medical treatment. Seek support through a trusted mental health professional and /or seek assistance from your local Women’s Center.

A legal option that may be available to you would be to obtain a packet for filing a Petition for A Domestic Violence Civil Protection Order as close to the time to the occurrence as possible. Packets can be obtained through your local county courthouse at the Civil Clerk’s office or on line at www.courtselfhelp.idaho.gov/domesticviolence. Any delay from the time of the event to the time of filing will lessen your credibility.

A Protection Order can provide you with a court order temporarily commanding that the alleged perpetrator cannot come within a certain distance from you, your work place or place of education, and/or your home. It is best to consult with an attorney before filing the Sworn Petition if you do not feel confident that you can accurately describe all the details needed for the Application, or if you are not clear on what is required to meet the criteria for a Temporary Protection Order. Yes, many criteria must be met first before and Order is granted.

Once you file the packet with the County Civil Clerk it will be forwarded to the Judge on duty. The Judge will review the Sworn Petition for Protective Order and determine if there is enough evidence in what you wrote to meet the criteria to issue a Temporary Protection Order. If the Judge determines that there is enough evidence, a Temporary Protection Order will be issued out of the Clerk of the Court’s office. Law enforcement personnel will be provided a copy to serve the alleged Defendant. It is effective once it is provided to the alleged Defendant. Keep a copy of the order on your person at all times.

The initial order is temporary, it will not last forever and will expire on a certain date. A hearing will be scheduled to be held within 14 (fourteen) days of issuance. Note, this does not mean that exactly in 14 days a hearing will be held, but the initial hearing must be held within 14 days. At the hearing both sides have an opportunity to be heard by the Judge to determine if it should be extended or dismissed. Note that if the Petitioner (the person who files for the Protection Order) does not attend the hearing the Protective Order will be automatically dismissed.

Both parties are entitled to legal representation at any stage of this process and it is recommended that you have legal counsel (at least well) before the hearing. The sooner you obtain legal counsel the better your attorney will be prepared for the hearing.

The only thing worse than being a recipient of domestic violence, is being wrongly accused of committing domestic violence.

Wrongful accusations hurt not only the people directly involved, it hurts the whole community.

Get educated, be prepared and protect yourself and your loved ones.

If you believe you are a victim of domestic violence, have been threatened with harm and or wrongly accused of domestic violence, call experienced lawyer Merrilee A. Parr at (208) 667-1227 so you don’t have to face this alone.

Ms. Parr has owned her own law practice in northern Idaho since 1997 after working in the Coeur d’Alene City Attorney’s office in the prosecutor’s office. She has extensive pre-legal experience, which includes working as a caseworker for Child Protective Services and a case manager for the Arizona Supreme Court (Foster Care Review Board).