What does it take for your simple assault or battery charge to be elevated to a crime of domestic violence? Not much. An act as simple as grabbing a person by the wrist might be charged as a domestic violence crime. In Idaho, you don’t have to married to someone to be accused of domestic violence. All it takes is evidence that an alleged victim is a household member.
Domestic violence allegations are always treated differently than the average battery or assault. Alleged victims are generally taken at their word, not interviewed to the extent that an alleged perpetrator is. Police must automatically assume their guilty. Once you’re charged with a domestic violence act, a judge will immediately issue a "No Contact Order" against you to protect the alleged victim. Until you get a chance to be heard by the judge, these orders generally prohibit any contact whatsoever. You will likely have to move out of your home, prohibited from seeing your children for a while.
I note in both the letter to the editor from Mary Sue Roach that people have the right to be protected from domestic violence. Does not the current law do that? And Representative Ryan Kerbys remarks that these terrible "male perpetrators" use the power of the gun holding it, massaging it, to intimidate the alleged victim of the power they have over them is ridiculous and anti-male. Do women not commit domestic violence? Do not women own guns?Remember, alleged victims are generally taken for their word! The alleged perpetrator basically has nothing to stand on. I applaud that Idaho's Legislators did not jump on the anti-gun wagon and said the bill was unclear and vage in many areas.