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Below is a module created by Idaho Legal Aid Services related to common legal issues surrounding seniors or the elderly and protecting their home in relation to issues like Medicaid, foreclosure, deed, reverse mortgages, and letting others reside with you.. The module is available in English and Spanish.
Emergency Help
If you or someone you know is being abused, get help as soon as possible. You can find the following kinds of help:
Legal Help
24-hour domestic violence hotlines
Shelters
Legal Help
Call the ILAS domestic violence hotline
208-746-7541
Victim of Crime Services after Court
If your abuser is in prison, you have certain rights and responsibilities involved in their parole. The Commission of Pardons and Parole is Idaho’s parole and clemency board. The Commission meets every month at various Department of Correction institutions to conduct parole hearings and case reviews. Victim information and participation is an important and reccommended aspect of this process.
Idaho Legal Aid Services, Inc. has created a Civil Protection Order Guide to help you understand who may file for a civil protection order, what circumstances and situations allow one to file for a civil protection order, and what relationships, if any, are required between the person filing for a civil protection order and the person the civil protection order is against. This guide also includes information on how to file for a civil protection order, what hearings take place, how to prepare for these hearings, and resources available to Idahoans.
On May 20, 2009, the President signed into a law a bill containing provisions protecting tenants living in foreclosed buildings. (The Protecting Tenants at Foreclosure Act is Title VII of Public Law 111-22).
These provisions immediately went into effect and are "self-executing", so no federal agency (such as HUD) is responsible for making them work. It is up to advocates to make sure that tenants, landlords, public housing authorities, courts, the legal community, and others involved in the foreclosure process are aware of these new rights for tenants.
As with most legal questions, the answer is fact specific. The instant a bankruptcy case is filed, your creditors are prohibited by law from contacting you, attempting to collect a debt and yes, they are also prohibited from foreclosing on your home. Even if your home is scheduled to be sold at foreclosure tomorrow and you file bankruptcy today, an injunction called the automatic stay will temporarily sheild you from creditors, forcing your lender to immediately cease and desist with foreclosing.
Idaho courts can assist a victim of domestic violence through protection orders which restrict or prohibit contact between the victim of abuse and the abuser. Idaho Code Section 39-6301, et seq. Domestic violence includes physical injury, sexual abuse, forced imprisonment or the threat thereof.
We also have specific county guides available for Ada, Boise, Elmore, and Valley Counties regarding the civil protection order process. Please view these guides below.
Know about Elder Abuse
What is “elder abuse?”
Elder Abuse has many forms. It can mean any mistreatment of a senior. Examples include confinement, neglect, abandonment, bodily injury, unwanted sexual contact, verbal intimidation and threats, and financial exploitation.
Myth: “We don't have that problem in our community.”
Fact: Abuse is often not seen or recognized.
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Interactive Forms
The Idaho State Court System Domestic Violence Brochure (with details regarding civil protection orders and other resources): https://isc.idaho.gov/resources/DV_Brochure_2012_Eng.pdf
For this brochure in Spanish, please click here: https://isc.idaho.gov/resources/DV_Brochure_2012_Span.pdf.
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