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Know the Laws: Idaho

UPDATED July 16, 2017

Enforcing an Out-of-State Order in Idaho

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If you are planning to move to Idaho or are going to be in Idaho for any reason, your protection or restraining order can be enforced.

Registering your out-of-state protection order in Idaho

back to topWhat is the National Crime Information Center (NCIC) Registry? Who has access to it?

The National Crime Information Center Registry (NCIC) is a nationwide, electronic database used by law enforcement agencies in the U.S, Canada, and Puerto Rico. It is managed by the FBI and state law enforcement officials.

All law enforcement officials have access to it, but the information is encrypted so outsiders cannot access it.

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back to topHow do I register my protection order in Idaho?

To register your foreign protection order, you should bring a copy of the certified order to a court in Idaho. When you register the order, it will be entered into the Idaho enforcement telecommunications system.*  Along with the order, you will need to give the court an affidavit stating that the order is currently in effect to the best of your knowledge. Registering your order in Idaho is free.**

* I.C. § 39-6311
** I.C. § 39-6306A

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back to topDo I have to register my protection order in Idaho in order to get it enforced?

No. ID state law says that a valid protective order does not need to be registered to be enforced.* However, if you register your order in Idaho it may help law enforcement officials better protect you.

*I.C. § 6306A(4)(d)

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back to topWill the abuser be notified if I register my protection order?

Under the federal Violence Against Women Act (VAWA), which applies to all U.S. states and territories, the court is not permitted to notify the abuser when a protective order has been registered or filed in a new state unless you specifically request that the abuser be notified.*  However, you may wish to confirm that the clerk is aware of this law before registering the order if your address is confidential.

However, remember that there may be a possibility that the abuser could somehow find out what state you have moved to.  It is important to continue to safety plan, even if you are no longer in the state where the abuser is living.  We have some safety planning tips to get you started on our Staying Safe page.  You can also contact a local domestic violence organization to get help in developing a personalized safety plan. You will find contact information for organizations in your area on our ID State and Local Programs page.

* 18 USC § 2265(d)

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back to topWhat if I don't register my protection order?  Will it be more difficult to have it enforced?

Maybe. While neither federal law nor state law requires that you register your protective order in order to get it enforced, if your order is not entered into the state registry, it may be more difficult for a ID law enforcement official to determine whether your order is real. This may make it harder to get your protection order enforced.

If you are unsure about whether registering your order is the right decision for you, you may want to contact a local domestic violence organization in your area. An advocate there can help you decide what the safest plan of action is for you in Idaho. To see a list of local domestic violence organizations in ID, go to our State and Local Programs page.

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back to topDoes it cost anything to register my protection order?

No. Registering you protection order in Idaho is free.*

*I.C. § 39-6306A(5)(c)

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