Idaho domestic violence laws punish acts of violence and threats between spouses, former spouses, co-parents, people living together, and, for civil protection orders, current or former dating partners. Depending on the injury and the offender’s record, a charge under Idaho Code 18-918 can be a misdemeanor carrying up to one year in county jail or a felony carrying up to twenty years in state prison. Convictions and qualifying protective orders also trigger firearm bans, custody presumptions, and immigration consequences that often outlast the sentence itself.
Who Idaho’s Domestic Violence Law Covers
The criminal statute, Idaho Code 18-918, applies only between “household members.” That means a spouse, former spouse, someone who shares a child with the offender regardless of marital history, or someone the offender is cohabiting with.1Idaho State Legislature. Idaho Code 18-918 – Domestic Violence Siblings, parents, and other relatives are not covered unless they live with the offender. A dating partner who has never lived with the offender and shares no child is also outside the criminal statute.
The civil side reaches further. Under Idaho Code 39-6303, the domestic violence definition used for protection orders covers physical injury, sexual abuse, forced imprisonment, or the threat of these against a family or household member or against someone in a current or former dating relationship.2Idaho State Legislature. Idaho Code 39-6303 So a dating partner who cannot trigger criminal charges under 18-918 can still seek a protection order.
Both definitions turn on physical acts or credible threats of physical harm. The criminal statute does not treat emotional abuse or coercive control as standalone offenses, though threats of violence qualify as assault.
Misdemeanor Penalties
An assault or battery between household members that causes no traumatic injury is a misdemeanor. Penalties climb with each conviction:
- First offense: up to one year in county jail, a fine of up to $1,000, or both.
- Second offense within ten years of the first: still a misdemeanor, but the fine ceiling rises to $2,000. Maximum jail remains one year.
- Third offense within fifteen years of the first: charged as a felony, with up to five years in state prison and a fine of up to $5,000.
The look-back windows matter. A second conviction only draws the enhanced misdemeanor penalty if it falls within ten years of the first, and the felony bump requires the third to land within fifteen. Convictions from other states count if the offense “substantially conforms” to Idaho’s statute.1Idaho State Legislature. Idaho Code 18-918 – Domestic Violence
Felony Penalties
Any domestic battery that causes a traumatic injury is a felony on the first offense. Idaho defines traumatic injury broadly to include any wound or external or internal injury, minor or serious, caused by physical force. A visible bruise or a small cut can meet that threshold. The maximum is ten years in state prison and a $10,000 fine.1Idaho State Legislature. Idaho Code 18-918 – Domestic Violence
For repeat felony offenders, the ceiling doubles. Someone with a prior felony conviction for domestic violence or attempted strangulation who commits another qualifying offense within fifteen years faces up to twenty years in prison and a fine of up to $10,000.1Idaho State Legislature. Idaho Code 18-918 – Domestic Violence
Attempted Strangulation
Choking or attempting to strangle a household member or dating partner is a separate felony under Idaho Code 18-923, carrying up to fifteen years in state prison. A prior felony for strangulation or domestic violence raises the maximum to twenty years.3Idaho State Legislature. Idaho Code 18-923 – Attempted Strangulation
The penalty doubles when the act occurs in the presence of a child under sixteen. “In the presence of” reaches situations where the child could see or hear the act, not only direct visual witnessing. With that enhancement, a first offense can carry up to thirty years.3Idaho State Legislature. Idaho Code 18-923 – Attempted Strangulation
Aggravated Battery
When the violence involves a deadly weapon, causes great bodily harm, or produces permanent disability or disfigurement, prosecutors can charge aggravated battery under Idaho Code 18-907.4Idaho State Legislature. Idaho Code 18-907 – Aggravated Battery Defined That charge can be filed instead of, or on top of, domestic violence charges and carries up to fifteen years in prison.
Protection Orders
A domestic violence protection order is a civil order restricting the abuser’s behavior and contact with the victim. Under Idaho Code 39-6306, a court that finds an immediate and present danger of domestic violence can order relief for up to one year, including no-contact provisions, removal of the abuser from a shared home, and temporary custody of minor children. The court must hold a hearing within fourteen days of the petition being filed. If the victim shows immediate danger, the court can issue a temporary ex parte order before that hearing.5Idaho State Legislature. Idaho Code 39-6306 – Hearing on Petition for Protection Order There is no filing fee.
Violating any provision of a protection order is a misdemeanor punishable by up to one year in jail and a fine of up to $5,000, provided the offender had notice of the order.6Idaho State Legislature. Idaho Code 39-6312 – Violation of Order Each violation is its own criminal charge, separate from the underlying case. If the abuser shows up at your workplace after being ordered not to contact you, that single act is a new crime.
Under the federal Violence Against Women Act, every state must give full faith and credit to protection orders issued by other states. An Idaho order remains enforceable if you move; an out-of-state order must be honored by Idaho police. You do not need to re-file.
A no-contact order in a criminal case works differently. The prosecutor requests it from the judge handling the criminal case, not the victim, and the victim cannot unilaterally have it lifted. It typically lasts through the criminal case and can extend beyond. If both a no-contact order and a civil protection order are in place, the abuser must follow whichever is more restrictive.
Firearm Consequences
A domestic violence conviction or a qualifying protection order triggers federal firearm restrictions that often catch defendants off guard. Under 18 U.S.C. ยง 922(g)(8), anyone subject to a qualifying protection order cannot legally possess, buy, or receive firearms or ammunition. The order must have been issued after a hearing with notice and an opportunity to participate, and must restrain the person from threatening or harassing an intimate partner or child.7Office of the Law Revision Counsel. 18 USC 922
Separately, the Lautenberg Amendment makes it a federal felony for anyone convicted of a misdemeanor crime of domestic violence to possess firearms or ammunition.8U.S. Marshals Service. Lautenberg Amendment The ban applies even to first-offense misdemeanors and is permanent unless the conviction is expunged or set aside.
Custody Consequences
Idaho Code 32-717 requires courts to consider domestic violence as a factor in any best-interests analysis, whether or not the violence happened in front of the child.9Idaho State Legislature. Idaho Code 32-717
When a parent is found to be a “habitual perpetrator” of domestic violence, Idaho Code 32-717B creates a legal presumption that joint custody is not in the child’s best interests.10Idaho State Legislature. Idaho Code 32-717B – Joint Custody The offending parent can rebut that presumption, but the burden shifts to them. Courts weigh the nature and frequency of the violence, its impact on the child, and the risk of future harm. Common outcomes include supervised visitation, designated exchange locations, or, in severe cases, no visitation. A single incident generally will not trigger the habitual-perpetrator presumption, but it can still weigh against a parent in the broader analysis.
Financial Help and Safety Programs for Victims
Crime Victims Compensation
Idaho’s Crime Victims Compensation Program reimburses victims for expenses that flow directly from the crime, up to $25,000. Covered costs include medical and dental treatment, mental health counseling, and lost wages. Family members may qualify for counseling benefits. The program pays last, covering what remains after insurance and other sources.11Crime Victims Compensation Program. Benefits You May Be Eligible For
Address Confidentiality
If you relocate to escape domestic violence, the Address Confidentiality Program run by the Secretary of State’s office can keep your new address out of public records. It provides a substitute mailing address and forwards first-class mail to your actual location. Under Idaho Code 19-57, state and local agencies must accept the substitute address as your real one. Approval typically takes about ten business days.12Idaho Secretary of State. Address Confidentiality Program
Housing Protections
If you live in federally subsidized housing, the Violence Against Women Act protects you from eviction or denial of assistance because you are a victim of domestic violence. You can request lease bifurcation to remove the abuser from the lease, or an emergency transfer to a different unit for safety. These protections apply regardless of whether you were married to, related to, or living with the abuser.13U.S. Department of Housing and Urban Development (HUD). Violence Against Women Act (VAWA)
Immigration Options
Noncitizen victims have two federal pathways, neither requiring the abuser’s cooperation. A VAWA self-petition (Form I-360) allows a victim who is married to or the child or parent of a U.S. citizen or lawful permanent resident to apply for a green card independently. The petitioner must show a good-faith marriage, cohabitation with the abuser in the United States, and battery or extreme cruelty. A criminal record can disqualify an applicant under the good moral character requirement.
A U visa is available to victims who suffered substantial physical or mental abuse from a qualifying crime and who cooperated with law enforcement. The abuser does not have to be arrested or convicted; reporting the crime and assisting investigators is generally enough.
Workplace Leave
Idaho has no state-specific employment leave law for domestic violence victims. If the violence causes a serious health condition, physical or psychological, you may qualify for up to twelve weeks of unpaid leave under the federal Family and Medical Leave Act, which applies only to employers with at least fifty employees and requires you to have worked there for at least a year and 1,250 hours in the past twelve months.
Where to Get Help
The Idaho Coalition Against Sexual & Domestic Violence coordinates advocacy services, emergency shelters, crisis hotlines, and legal support statewide, working with local shelters and crisis centers to connect victims with immediate assistance.
Idaho Legal Aid Services offers free legal help to qualifying victims, including help with protection orders, custody disputes, and navigating the court system. Applications for the Crime Victims Compensation Program are available at crimevictimcomp.idaho.gov.