Idaho Protective Orders Laws
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 against former spouses or ex-partners, but stalking victims may also petition the district court for a protective order.
Protective orders aren’t perfect, but they can provide victims of domestic violence with a criminal recourse if their abuser violates a court order. Protective orders are enforceable nationwide. Federal protection order law requires Idaho and other states to honor and enforce valid protection orders issued by another state.
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.
Protective Orders Laws in Idaho: Summary
The following table covers the basic provisions of Idaho protective order laws. For additional information, visit FindLaw’s Orders of Protection and Restraining Orders section.
Idaho Protective Orders Code Section |
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Activity Addressed by Idaho Protective Orders |
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’s office refers to this type of protection order as a no-contact order. 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):
The courts can restrain the person named in the order from making contact with the petitioner’s minor children. For example, the courts may grant temporary custody to the petitioner despite whatever custody order is already in place. 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. |
Duration of Order for Idaho Protective Orders |
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. |
Penalty for a Violation of a Idaho Protective Order |
If someone violates a CPO, they’ll face misdemeanor criminal charges. The maximum penalty for violating an order is one year in jail and a $5,010 fine. |
Who May Apply for an Idaho Protective Order |
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What is the fee for a CPO? |
There are no fees for a CPO in Idaho. |
Order Transmission to Law Enforcement |
The court transmits a copy of the order to law enforcement on or before the next judicial day. |
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, consult an attorney or conduct legal research to verify your state laws.
Need Legal Help With a Protective Order in Idaho? Talk to an Attorney
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. They can explain how to seek a temporary protection order, especially if you’re experiencing personal injury.
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 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.
Can I Solve This on My Own or Do I Need an Attorney?
- Complex criminal defense situations usually require a lawyer
- Defense attorneys can help protect your rights
- A lawyer can seek to reduce or eliminate criminal penalties
Get tailored advice and ask your legal questions. Many Idaho attorneys offer free consultations.
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