En Español
National Domestic Violence Hotline: 1-800-799-SAFE (7233) or (TTY) 1-800-787-3224

Know the Laws: Idaho

UPDATED July 16, 2017

Enforcing an Out-of-State Order in Idaho

Print this page
View by Section

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.

General rules for out-of-state orders in Idaho

back to topCan I get my protection order enforced in Idaho? What are the requirements?

Yes. Your protection order can be enforced in Idaho as long as:

  • It was issued to prevent violent or threatening acts, harassing behavior, sexual violence, or it was issued to prevent another person from coming near you or contacting you.*
  • The court that issued the order had jurisdiction over the people and case. (In other words, the court had the authority to hear the case.)
  • The abuser received notice of the order and had an opportunity to go to court to tell his/her side of the story.
    • In the case of ex parte temporary and emergency orders, the abuser must receive notice and have an opportunity to go to court to tell his/her side of the story at a hearing that is scheduled before the temporary order expires.**
Note: For information on enforcing a military protective order (MPO) off the military installation, or enforcing a civil protection order (CPO) on a military installation, please see our Military Protective Orders page.

* 18 U.S.C. § 2266(5)
** 18 U.S.C. § 2265(a) & (b)

Did you find this information helpful?

back to topCan I have my out-of-state protection order changed, extended, or canceled in ID?

No. Only the state that issued your protection order can change, extend, or cancel the order. You cannot have this done by a court in Idaho.

To have your order changed, extended, or canceled, you will have to file a motion or petition in the court where the order was issued. You may be able to request that you attend the court hearing by telephone rather than in person, so that you do not need to return to the state where the abuser is living. Find out if this is possible in your state by calling the clerk of the court that issued your order. To find out more information about how to modify a restraining order, see the Restraining Orders page for the state where your order was issued.

If your order does expire while you are living in Idaho, you may be able to get a new one issued in Idaho but this may be difficult to do if no new incidents of abuse have occurred in Idaho. To find out more information on how to get a protection order in Idaho, visit our ID Protection Orders page.

Did you find this information helpful?

back to topI was granted temporary custody with my out-of-state protection order.  Will I still have temporary custody of my children in Idaho?

Yes. As long as the child custody provision complies with certain federal laws,* Idaho can enforce a temporary custody order that is a part of a protection order.

To have someone read over your order and tell you if it meets these standards, contact a lawyer in your area. To find a lawyer in your area click here ID Finding a Lawyer.

* The federal laws are the Uniform Child Custody Jurisdiction Act (UCCJA) or the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), and the Parental Kidnapping Prevention Act of 1980.

Did you find this information helpful?

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.

Did you find this information helpful?

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

Did you find this information helpful?

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)

Did you find this information helpful?

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)

Did you find this information helpful?

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.

Did you find this information helpful?

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)

Did you find this information helpful?

back to top