{"id":373003,"date":"2016-03-31T21:35:09","date_gmt":"2016-04-01T02:35:09","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/idaho-law\/idaho-protective-orders-laws.html"},"modified":"2025-06-03T15:58:45","modified_gmt":"2025-06-03T20:58:45","slug":"idaho-protective-orders-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/idaho-law\/idaho-protective-orders-laws.html","title":{"rendered":"Idaho Protective Orders Laws"},"content":{"rendered":"\n
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Idaho Protective Orders Laws<\/h1>\n
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\n By Christie Nicholson, J.D.<\/a> | Legally reviewed by FindLaw Staff<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Also referred to as restraining orders, protective orders are judicial orders requiring the person posing the threat to remain a certain distance away from the petitioner. Most victims seek protective orders<\/a> against former spouses or ex-partners, but stalking victims may also petition the district court for a protective order.<\/p>\r\n

Protective orders aren’t perfect, but they can provide victims of domestic violence<\/a> with a criminal recourse if their abuser violates a court order. Protective orders are enforceable nationwide. Federal protection order law<\/a> requires Idaho and other states to honor and enforce valid protection orders issued by another state.<\/p>\r\n

This article explains how protective orders work in Idaho. If you’re in danger, call your local law enforcement agency or reach out to an Idaho domestic violence attorney<\/a>.<\/p>\r\n

Protective Orders Laws in Idaho: Summary<\/b><\/h2>\r\n

The following table covers the basic provisions of Idaho protective order laws. For additional information, visit FindLaw’s Orders of Protection and Restraining Orders<\/a> section.<\/p>\r\n\r\n

Idaho Protective Orders Code Section<\/b><\/p>\r\n<\/th>\r\n

\u00a7 39-6301 et seq.<\/a><\/p>\r\n<\/td>\r\n<\/tr>

Activity Addressed by Idaho Protective Orders<\/b><\/p>\r\n<\/th>\r\n

Depending on the nature of the abuse, the court system may issue court orders prohibiting a host of activities. Most domestic violence protection orders forbid the abuser from making contact with the victim and their children. The clerk\u2019s office refers to this type of protection order as a no-contact order.<\/p>\r\n

In addition to no-contact\/restraining orders, the judges at your local county courthouse may prohibit the following behavior on the part of the person named in the civil protection order (CPO):<\/p>\r\n

    \r\n
  • Malicious harassment or annoying the victim<\/li>\r\n
  • Telephone harassment<\/li>\r\n
  • Disturbing the peace<\/li>\r\n
  • Communicating directly or indirectly with a designated family member<\/li>\r\n
  • Exclude the petitioner from the dwelling the two parties share<\/li>\r\n
  • Coming within one thousand five hundred (1,500) feet of the petitioner, their residence, school, or place of employment<\/li>\r\n<\/ul>\r\n

    The courts can restrain the person named in the order from making contact with the petitioner\u2019s minor children. For example, the courts may grant temporary custody to the petitioner despite whatever custody order is already in place.<\/p>\r\n

    Many orders also require the person named in the court forms to pay court costs and attorney’s fees. The judge may order the respondent to participate in treatment or counseling. The court’s goal is to do whatever it takes to protect the petitioner and their household members.<\/p>\r\n<\/td>\r\n<\/tr>

Duration of Order for Idaho Protective Orders<\/b><\/p>\r\n<\/th>\r\n

A CPO can remain in place for three months. After a hearing on the ex parte petition, the petitioner can renew the order for up to one year. The person named in the order must receive notice of the hearing before the court can grant the renewal.<\/p>\r\n<\/td>\r\n<\/tr>

Penalty for a Violation of a Idaho Protective Order<\/b><\/p>\r\n<\/th>\r\n

If someone violates a CPO, they\u2019ll face misdemeanor criminal charges. The maximum penalty for violating an order is one year in jail and a $5,010 fine.<\/p>\r\n<\/td>\r\n<\/tr>

Who May Apply for an Idaho Protective Order<\/b><\/p>\r\n<\/th>\r\n

    \r\n
  • Family or household member<\/li>\r\n
  • A minor child or adult who is having a dating relationship with someone they allege is abusive<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>

What is the fee for a CPO?<\/b><\/p>\r\n<\/th>\r\n

There are no fees for a CPO in Idaho.<\/p>\r\n<\/td>\r\n<\/tr>

Order Transmission to Law Enforcement<\/b><\/p>\r\n<\/th>\r\n

The court transmits a copy of the order to law enforcement on or before the next judicial day.<\/p>\r\n<\/td>\r\n<\/tr><\/tbody><\/table>\r\n

Note: State laws are subject to change through new legislation, higher court rulings, ballot initiatives, and other means. While we strive to provide the most current information, <\/i>consult an attorney<\/i><\/a> or conduct legal research to verify your state laws.<\/i><\/p>\r\n

Need Legal Help With a Protective Order in Idaho? Talk to an Attorney<\/b><\/h2>\r\n

If someone is hurting or threatening to hurt you, resources are available. Contact the National Domestic Violence Hotline for 24\/7\/365 support at 800-799-7233 or through their website<\/a>. They can explain how to seek a temporary protection order, especially if you\u2019re experiencing personal injury.<\/p>\r\n

If you’re the victim of domestic violence or fear someone may abuse you in the near future, you may want to get a civil protective order. An experienced Idaho family law attorney<\/a> or Idaho legal aid services can provide help. They are familiar with the Idaho court system and can provide you with the legal information you need to move forward.<\/p>\r\n

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