Domestic Violence Court at a Glance

Court Description

All Kootenai County misdemeanor cases with originating charges that are pursuant to Idaho Code 18-918 Domestic Violence will be assigned to the Domestic Violence (DV) Court docket. Cases by all prosecutorial agencies which include Kootenai County, City of Rathdrum, City of Post Falls, and City of Coeur d'Alene, will be assigned to DV Court at arraignment. Felony charges of Attempted Strangulation or Felony Domestic Violence which are resolved by an amendment to a misdemeanor will also be assigned to the DV Court for sentencing.

The DV Court is mandatory for misdemeanor domestic violence cases regardless of an amendment or a reduced charge. All subsequent misdemeanor cases, for this defendant when under the jurisdiction of the DV Court will be assigned to DV Court to promote consistent and effective justice.

The DV Court Judge presides over the proceedings or assigned cases to include:

• Dispositions
• Motion Hearings
• No Contact Order hearings
• Order to Show Cause Proceedings
• Pre-Trial Conferences
• Review Hearings
• Trials

Domestic Violence Evaluations

If defendants have been ordered by the DV Court or Misdemeanor Probation to obtain a domestic violence evaluation then funding may be available. If a defendant meets income requirements funding may be able to assist in the cost of the evaluation. A defendant must go through the DV Court Coordinator in order to access funding - email Mark Heid or call him at 208-446-1222.

Judicial Review Hearings

Review hearings are set at the discretion of the Court and are in front of the DV Court Judge and lawyers and generally are scheduled every 30, 60, 90 or 120 days out. These hearings follow a conviction and involve participation from the Judge, prosecution, defense counsel, probation, offenders, defendants, victims, victim witness coordinators, and the DV Court Coordinator. Offenders are required to appear before the Judge on a periodic basis throughout their probationary term to monitor their progress in most cases.

At review hearings, the Court will evaluate the offender's progress made in domestic violence and/or substance abuse treatment, and any other areas of treatment as well as compliance with any terms of probation. Compliance and non-compliance will be addressed at review hearings with probation present and provide an opportunity for the Judge to decrease supervision if the offender has been successful or increase supervision if more support is needed.

No Contact Order Hearings

Motions to modify or terminate no contact orders (NCO) are heard in DV Court. When hearing a NCO motion, the Court's primary concern is the protected person's safety and it may utilize the court file, criminal history, risk assessment, and other available information to help determine level of risk and what safety concerns are present. The Court may require educational classes or treatment prior to granting the motion. To obtain paperwork to file a motion to modify or terminate a NCO, visit the CAO website.