Service Areas

Family Law

Contested Divorce

Our family law attorneys classify “contested divorces” as any divorce where the terms of the divorce are not agreed to up front. A contested divorce does not necessarily mean a long, contentious, expensive divorce, but instead may include working with one of our attorneys to determine which assets exist, how assets and debts should be split, whether or not alimony is appropriate, how the parties’ will share custody of their children, etc. before reaching an agreement outside of court. Of course, some divorce actions require extensive litigation and a Court trial, and our attorneys are ready to help you and zealously represent you in Court.

Uncontested Divorce

Our family law attorneys classify “uncontested divorces” as any divorce where the terms of the divorce are agreed to up front. While it is possible to finalize an uncontested divorce without the help of an attorney, you may be best protected if you hire an attorney to advise you of your rights, review your agreement to ensure it is in your best interest, and help you with the paperwork. Our team can recommend the best mediators if you are exploring options for divorce and hoping to have an uncontested divorce.

Child Support

Child support is an important area of family law because it ensures the financial well-being of children whose parents are separated or divorced. Child support is not just important, it is also complex as it must meet the stringent Idaho Child Support Guidelines (ICSG). Whether you are seeking to establish a child support order or wish to modify one, our family law attorneys are ready to help you. Our lawyers will work closely with you to understand the complexities of your specific case and ensure an accurate child support figure is paid in support of your child.

Custody

Let our attorneys walk through the complexities of custody in Idaho with you. There are two types of custody – physical custody (parenting time) and legal custody (decision making authority). We can address the factors that the court will consider under Idaho law when determining what is in the best interest of your child, and discuss your objectives regarding custody and the likely outcome of your case. Whether or not you feel that you and your co-parent are both able to provide adequate care for your child, or if you have serious concerns about abuse, mistreatment, or neglect, we can help. Custody cases most commonly include establishing paternity, divorce actions, and modification actions.

Spousal Support

Spousal support (also referred to as “Spousal maintenance” or “Alimony), is the ongoing support of one spouse for another after a divorce or separation. These payments are designed to provide financial assistance to a spouse after a divorce or separation. The length of your marriage is an important factor that impacts whether or not you are eligible for spousal support, as is the earning potential for both yourself and your spouse, as well as each of your reasonable monthly living expenses. The Court will also consider factors such as your standard of living during your marriage, marital fault, tax consequences, the time that it takes the spouse seeking maintenance to acquire sufficient education and training to allow them to support themselves, and other factors. At Hooper Mitchell & Associates, our family law lawyers will discuss each factor with you and help you determine if you may have a claim for spousal support or if you are at risk of paying spousal support. Either way, we are dedicated to achieving the best possible outcome for you.

Prenuptial Agreements and Postnuptial Agreements

Marriage is no small commitment. Our family law lawyers can eliminate that fear by walking you through a prenuptial or postnuptial agreement, and drafting or reviewing such documents should they be best for you. Whether you are contemplating marriage, or are already married, it’s never too early or too late to protect yourself. Our family law lawyers can ensure that your marital agreement will be legally enforceable and will benefit all parties involved. Marital agreements are meant to reduce stress, so let our experienced family law lawyers deal with the legal complexities.

Civil Protection Orders

Civil protection orders protect victims of domestic violence, harassment, stalking, or abuse from the person who engaged in that behavior. Here at Hooper Mitchell & Associates, nothing is more important than the safety and quality of life of our clients. Our team of compassionate and experienced civil protection order lawyers will go to any lengths necessary to ensure you are safe and protected including going to trial. Further, if you have been wrongfully accused of conduct related to domestic violence, harassment, stalking, or abuse, our team can help ensure your rights are protected.

Property Division

Idaho is a community property state. Unless you are an attorney, you might not know what this means for your family and for your property and debt. Whether you have been married for fifty years or six months, property division tends to be an area of great conflict in divorce because people want to ensure they get what they deserve. Our family law lawyers are willing to work closely with you to help you understand what ‘equitable distribution’ looks like and help you reach a fair and just property settlement for both parties involved.

Name Change

We understand how much a name can mean to someone. Whether or not you wish to change your name based on marriage or divorce, based on gender identity, based on an error on your official identification documents, or for any other reason, let our family law attorneys work with you to ensure it is done right. If a name change is done improperly, you run the risk of not being legally recognized under the new name you identify with. While the process is fairly straight forward, the forms can be difficult to navigate and the process of publication can be complicated. Our lawyers understand when a name change is allowed, how to petition for a name change, and most importantly, how to make a name change legally binding.

IDHW Registry Appeals

The Child Protection Central Registry is intended to prevent further harm to children by identifying people who have substantiated allegations of child abuse, neglect, or abandonment against them. Being ordered to register on this list can have devastating impacts on your life, such as being terminated from your employment. If you believe you may be placed on this list due to false or unsubstantiated claims, you are going to need an experienced IDHW Registry appeals lawyer on your side. At Hooper Mitchell & Associates, our IDHW Registry appeals lawyers are experienced and have helped past clients receive favorable outcomes.

Criminal Defense

Assault and Battery

To receive an assault charge you only need to create a reasonable fear of harm, but to receive a battery charge, you need to create actual physical contact or harm. It is important to know the difference between the two charges because the elements, punishments, and defenses are different in each as they are two separate charges. If you have been charged with assault or battery, or both, our experienced and skilled assault and battery lawyers can help you navigate the legal process. You can trust our assault and battery lawyers to work diligently on your case and achieve the best possible outcome.

Domestic Battery

Domestic violence is abusive behavior within intimate relationships or households. In Idaho, like many other states, domestic violence is considered a serious crime. Here at Hooper Mitchell & Associates, we understand the gravity of these charges which is why we firmly believe in the term ‘innocent until proven guilty.’ Our domestic violence attorneys will work tirelessly to make sure no stone is unturned so that you are competently defended against the allegations and your rights are protected throughout the legal process.

Drug Crimes

Drug Manufacturing

Drug manufacturing involves the production, preparation, and growth of a controlled substance. In Idaho, this includes the relabeling or prepackaging of a controlled substance in a container. There are serious repercussions for receiving a drug manufacturing charge making it necessary to form a good defense. Our skilled drug lawyers have a deep understanding of the relevant defenses including constitutional violations. If you are facing drug manufacturing charges, you can trust our experienced drug lawyers to create a winning personalized legal defense specific to your case.

Drug Possession

In Idaho, a person can have possession of a drug in two different ways, physical possession or constructive possession. Physical possession is when a person has physical control of the drug and constructive possession is when a person has knowledge of the drug’s presence or has the power and the intention to control the drug. Drug possession charges can have negative impacts on your life and should not be taken lightly which is why you should entrust our skilled and experienced drug possession lawyers to take on your case.

Drug Trafficking

Drug trafficking is the illegal transportation, distribution, or sale of controlled substances in amounts that exceed a specified amount set by state law. Not all drug trafficking cases are equal and the penalties can vary depending on what type of drug you were caught with and how much the prosecution can prove you trafficked. No matter the complexity or severity of your case, our tenacious drug trafficking lawyers are well-versed in this area of law and are ready to take on your case.

Drug Distribution

Drug distribution is the act of selling, delivering, or providing controlled substances to others. A drug distribution charge is serious and can have lasting effects on your life but getting an experienced lawyer on your side can help prevent or mitigate those effects. Our drug distribution lawyers will help you understand what factors make your charge more or less serious and will work to create an individualized and robust defense that protects you and your rights.

Felony DUI

In Idaho, a person will get a felony DUI if this is their third DUI conviction within the past ten years, if they receive a DUI within fifteen years of a previous felony DUI, if this is their second excessive DUI within five years, or if the DUI is aggravated. It is important to get competent representation because a Felony DUI charge can have severe consequences, including substantial fines, loss of driving privileges, and even prison time. Our Felony DUI lawyers have had notable success helping past clients receive favorable outcomes in these cases and are dedicated to doing the same for you.

Sex Crimes

Human Trafficking

Human Trafficking is the exploitation of individuals through, force, fraud, or coercion for purposes such as forced labor or sex acts. Human Trafficking charges carry severe consequences and often social implications as well. If you are facing human trafficking charges, having a skilled lawyer on your side will be necessary. Our dedicated human trafficking lawyers are ready to take on your case with tenacity and will do whatever is necessary to provide you with the representation you need.

Internet Sex Crimes

Internet sex crimes are the use of the internet or electronic communication devices to facilitate or commit sexual misconduct. Common examples of internet sex crimes would be online solicitation of minors, possession or distribution of child porn, and sex trafficking. Facing these types of charges can be frightening and feel isolating because there are severe punishments and it carries a negative stigma. Here at Hooper Mitchell & Associates, we operate judgment-free so that each and every client gets the representation they deserve. Our skilled internet sex crime lawyers are dedicated to being on your side every step of the way.

Molestation

Molestation is the sexual abuse or exploitation of a child or minor and it typically involves inappropriate or unlawful sexual contact, behavior, or communication. Being found guilty of molestation has serious legal and social implications which is why there is a burden on the prosecution to prove guilt beyond a reasonable doubt. Here at Hooper Mitchell & Associates, we ensure that burden is met and everyone gets a fair defense by evaluating all the evidence and identifying inconsistencies or weaknesses in the prosecution’s case. If you are facing molestation charges, trust our skilled molestation lawyers to reach the best possible outcome for your case.

Sexual Assault

Sexual assault is any unwanted sexual contact or behavior that happens without the consent of the victim. Sexual assault charges are not only serious but very challenging to defend against because they tend to be a he-said-she-said situation. Getting a dedicated lawyer on your side can be the difference between your innocence and guilt. Our dedicated sexual assault lawyers understand the complexities of defending a sexual assault charge and will do whatever is necessary to navigate them in your specific case.

Violent Crimes

Violent crimes in Idaho encompass a wide range of things from attacking someone physically to murdering someone. Violent crimes carry serious legal and social ramifications because public safety is always a top concern for the court and the public. If you are facing a violent crime charge it is your future, freedom, and reputation that is at stake. With so much on the line, you will need an experienced lawyer who cares about protecting you and your rights. Whether you are innocent or made an unfortunate mistake, our experienced violent crime lawyers are ready to defend you and your rights.

Personal Injury

Wrongful Death

The goal of a wrongful death claim is to provide compensation for people who have suffered due to losing a family member whose death was caused by someone else’s negligence. While pursuing a wrongful death claim is important, it is not always at the forefront of people’s minds after losing a family member. Here at Hooper Mitchell & Associates, we understand this is a difficult time for you and want to make this process as easy as possible. Our knowledgeable and compassionate lawyers will be with you every step of the way to provide guidance and ensure you and your loved one receive the justice you deserve.

Car Accidents

If you were injured in a car accident that was caused by another driver’s negligence, then you may have a personal injury claim. The injuries can range from scrapes and bruises to broken bones and spinal issues. Here at Hooper Mitchell & Associates, every injury matters. Our experienced personal injury lawyers are focused and dedicated to getting you the compensation you deserve.

Slip and Fall Accidents

A slip-and-fall claim is made by a person who had a slip-and-fall accident that occurred on someone else’s property. Determining whether you have a valid slip-and-fall claim can be complex because you need to consider different factors such as negligence, foreseeability, and the statute of limitations. A slip-and-fall accident can create many hardships, but with a competent personal injury lawyer on your side, navigating the legal process does not have to be one of those hardships. Our experienced personal injury lawyers strive to make the legal process as seamless as possible for you so that you can focus on healing.

Motorcycle Accidents

Riding a motorcycle is exciting because it provides a sense of freedom and adventure but it’s also risky and dangerous. Motorcyclists are more likely to get seriously injured or die in an accident because their body is more exposed than it would be in a normal vehicle. What’s more, motorcyclists are more prone to get into an accident caused by another driver who did not see them due to their low visibility. If you or someone you love has been injured in a motorcycle accident, you can trust our competent and dedicated motorcycle accident lawyers to get you the compensation you deserve.