By FindLaw Staff | Legally reviewed by Nicole Prebeck, Esq. | Last reviewed January 11, 2023
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Generally known as "restraining orders," protective orders are judicial orders requiring the person named in the document to remain a certain distance away from the person seeking the order. Protective orders are most often requested by abused spouses and exes, although children and stalking victims may also use them to keep an abuser away.
Protective orders aren't perfect, but they can provide victims of domestic violence and other abuse with criminal recourse if an abuser does not obey an order. And protective orders remain in place and enforceable nationwide: federal protection order law requires Idaho to honor and enforce valid protection orders issued by another state, and vice versa.
Here are the basics of protective orders laws in Idaho.
The following table covers the basic provisions of Idaho protective order laws. You can also visit FindLaw's Orders of Protection and Restraining Orders section for more general information on this topic.
Code Section |
§ 39-6301 et seq. of the Idaho Statutes |
Activity Addressed by Order |
Enjoin contact; restained from harassing, annoying, disturbing the peace of, telephoning, contacting, or otherwise communicating directly or indirectly from any designated family member or specifically designated person; exclude from the dwelling which the parties share or from the residence of the petitioner; may be restrained from coming within one thousand five hundred (1,500) feet of the petitioner, their residence, school, or place of employment; regarding minor children: grant temporary custody (if consistent with prior custody orders entered by a court); may be restrained from committing acts of domestic violence; pay court costs and attorney's fees; respondent may be ordered t participate in treatment or counseling; other relief may be ordered as the court deems necessary for the protection of a family or household member |
Duration of Order |
Maximum of three months unless it is renewed, in which case it can be extended to up to one year after a hearing on the ex parte petition |
Penalty for a Violation of Order |
Misdemeanor: maximum of one year in jail and a fine of up to $5,010 |
Who May Apply for Order |
Family or household member, or of a minor child by a person with whom the minor child has had or is having a dating relationship, or of an adult by a person with whom the adult has had or is having a dating relationship |
Can Fees Be Waived? |
There are no fees in the state of Idaho |
Order Transmission to Law Enforcement |
On or before the next judicial day |
Civil Liability for Violation of Order |
- |
Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.
If someone is hurting or threatening to hurt you, there are resources available for you when you're ready. Contact the National Domestic Violence Hotline for 24/7/365 support at 800-799-7233. If you've been abused or fear someone may abuse you in the near future, you may want to get a protective order.
Please connect with an experienced Idaho domestic violence attorney for help obtaining a protective order today.
Contact a qualified attorney.
Get tailored advice and ask your legal questions. Many Idaho attorneys offer free consultations.
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