Everything You Need to Know About Restraining Orders in Idaho
Protection orders, also known as restraining orders, are essential legal tools that help protect individuals from domestic violence, harassment, stalking, and other forms of abuse. In Idaho, these orders give victims the legal means to keep their abusers at a distance and allow law enforcement to take action if the order is violated.
A protection order is a court-issued document that legally requires an abuser or harasser to stay away from the petitioner. These orders, commonly used by victims of domestic violence, stalking, or harassment, can prohibit contact, require the abuser to move out of a shared home, and impose other conditions to ensure the victim’s safety.
This article provides an overview of protection orders in Idaho, including the types available, the process for obtaining one, and the legal protections they offer.
Types of Protection Orders in Idaho
Idaho law provides two protection orders to help individuals in dangerous situations. Depending on the circumstances, these orders are designed to offer immediate or long-term safety.
- Temporary Ex Parte Protection Order – This order can be issued without notifying the abuser and provides immediate protection. It remains in effect for up to 14 days or until a court hearing is held to determine further action.
- Final Protection Order – Issued after a court hearing, this order offers longer-term protection, lasting up to one year. It can be extended beyond that period to ensure continued safety if necessary.
Who Can Apply for a Protection Order?
Individuals eligible to apply for a protection order in Idaho include victims of domestic violence, stalking, sexual assault, or human trafficking. The law allows spouses, former spouses, individuals in dating relationships, cohabitants, or those who share a child to file for an order. Parents, guardians, or custodians may also apply on behalf of minors who need protection.
What Protections Can a Protection Order Provide?
A protection order can include several provisions. It can prohibit the abuser from contacting or approaching the victim, remove the abuser from a shared residence, and grant temporary custody of children to the petitioner.
Additionally, the order may require the abuser to undergo counseling or treatment and restrict firearm possession.
How to Obtain a Protection Order in Idaho
Listed below are the recommended steps for filing a protection order in Idaho.
- File a Petition – Visit the county courthouse and complete a free petition form detailing the abuse or threats.
- Judge Review – A judge reviews the petition and may issue a Temporary Ex Parte Order if there is immediate danger.
- Order Served – Law enforcement delivers the order to the abuser.
- Court Hearing – A hearing is held within 14 days, allowing both parties to present their case.
- Final Decision – The judge determines whether to issue a Final Protection Order, which can last up to one year.
Enforcement and Violations of Protection Orders
Violating a protection order is a serious offense in Idaho. It is considered a misdemeanor, punishable by up to one year in jail and fines of up to $5,000. Victims should report violations immediately to law enforcement.
Officers can arrest violators without a warrant if there is probable cause to believe the order has been violated.
Protection Orders vs. No Contact Orders
Protection orders and No Contact Orders (NCOs) serve different purposes. The victim requests a protection order, while the prosecutor’s office issues an NCO in a criminal case.
A No-Contact Order (NCO) prohibits an alleged offender from contacting the victim during an ongoing criminal case. Unlike protection orders, NCOs typically expire when the case concludes.
Out-of-State Protection Orders in Idaho
Under federal law, Idaho must honor valid protection orders issued in other states.
Victims with an out-of-state order should carry a certified copy and notify local law enforcement to ensure enforcement. This ensures that protective measures remain in place even if the victim relocates.
Resources for Victims of Domestic Violence and Abuse
Victims of domestic violence in Idaho can access various resources for support, safety, and legal assistance. These organizations provide immediate help, advocacy, and shelter for those in need.
- Idaho Domestic Violence Hotline (1-800-669-3176) – Offers 24/7 crisis support and assistance.
- Idaho Coalition Against Sexual & Domestic Violence – Provides advocacy, education, and resources for survivors.
- Women & Children’s Alliance (WCA) – Provides shelter, legal advocacy, and other support services.
What to Do After Getting a Protection Order
At Anthon Law, we recognize how important it is to guarantee your protection order is effectively enforced. To maximize safety, always keep a certified copy of your protection order. Inform your employer, schools, and childcare providers about the order to help enforce necessary precautions. Additionally, developing a safety plan in case of continued threats or violations is essential.
Protection orders are a fundamental legal safeguard for victims of domestic violence and harassment. Understanding your rights and the legal process can enable you to take the necessary steps to secure your safety and well-being. If you or a loved one needs legal guidance, Anthon Law is here to help.
Contact us for expert legal assistance in obtaining and enforcing protection orders in Idaho.
