Know the Laws: Idaho
UPDATED January 3, 2014
A protection order is a civil order that provides protection from harm by a family member, household member or someone you used to date or are currently dating.
This section defines domestic violence for the purposes of getting an order of protection.
In Idaho, domestic violence occurs when a family member (spouse, former spouse, people related by blood, marriage, or adoption), a household member (person who you currently live with, or used to live with, and people that have a child in common), or someone who you date or used to date does any of the following to you:
A protection order is a written court order. It is designed to order your abuser not to be violent and harassing in any way, and to protect you and your family from the abuser.
In Idaho, there are two types of protection orders for domestic violence victims: temporary orders and permanent orders.
Temporary Orders. Temporary orders or ex parte orders are issued when a person is in immediate danger. You have to go to court and file a petition for a temporary order. The petition must be filed in the county where you live, where your abuser lives, or where you are temporarily living.* A judge has the power to grant one without your abuser being in court to argue his side of the case. However, temporary orders are granted only if you can prove to the judge - through your story or evidence - that you need a temporary order to prevent immediate harm to you or your family.
A judge will assume that, if you are asking for a temporary or emergency order, you will also want a permanent order.
The order is not enforceable until the abuser is “served” with it. An abuser is served when he has been given a copy of the ex parte order, a copy of the petition that you filed, and notice of the hearing date. In general, a temporary order will lasts for 14 days, or until you have a court hearing for a permanent order.
A temporary order can:
You can file for an order of protection in the county where the abuser lives, where you live (where your permanent residence is located) or where you are temporarily living in order to escape the abuse.*
However, if you have left the home and want to keep the address where you are staying confidential, filing in that county would likely not be a good idea since it would alert the abuser to the fact that you are living in that county.
* I.C. § 39-6304