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Know the Laws: Idaho

UPDATED July 16, 2017

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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.

After the hearing

back to topWhat should I do when I leave the courtroom?

  • Review the order before you leave the courthouse. If something is wrong or missing, ask the clerk to correct the order before you leave.
  • Make several copies of the protection order as soon as possible.
  • Keep a copy of the order with you at all times.
  • Inform your employer, domestic violence advocate, minister, clergy, family members, and/or your closest friends that you have a protection order in effect.
  • Leave copies of the order at your work place, at your home, at the children’s school or daycare, in your car, with a sympathetic neighbor, and so on.
  • Give a copy to the security guard or person at the front desk where you live and/or work.
  • Give a copy of the order to anyone who is named in and protected by the order.
  • If the court has not given you an extra copy for your local law enforcement agency, take one of your extra copies and deliver it to them.
  • You may wish to consider changing your locks and your phone number.
It is important to realize that a protection order has limits. To make it as effective as possible, you must be vigilant in enforcing the order's provisions by reporting every violation to the police or the court.

Ongoing safety planning is important after receiving the order.  People can do a number of things to increase their safety during violent incidents, when preparing to leave an abusive relationship, and when they are at home, work, and school. Many batterers obey protective orders, but some do not and it is important to build on the things you have already been doing to keep yourself safe.  Click on the following link for suggestions on Staying Safe.  Advocates at a local organization can assist you in designing a safety plan and can provide other forms of support.  Go to ID State and Local Programs for organizations near you.

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back to topWhat can I do if the abuser violates the order?

Call the police or sheriff, even if you think it is a minor violation.  An abuser can be arrested, fined and/or jailed.  If your order was granted and abuser was given notice, a violation can be a misdemeanor punishable by up to one year in jail and a fine up to $5,000.*

It is a good idea to write down the name of the responding officer(s) and their badge number in case you want to follow up on your case.

Make sure a police report is filled out, even if the police do not arrest your abuser. If you have legal documentation of all violations of the order, it can help you change or extend the order.

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back to topHow do I change or extend the protection order?

Protection orders can be renewed for an "appropriate" time period as directed by the judge or they can be made permanent.*  If you want an extension, you have to return to court to file a motion before your first order expires.

If the abuser objects to the extension, there will be a hearing where the abuser can be present and you will have to prove to the judge why you need the order extended. The abuser will have the chance to object to the order being extended.  If the abuser does not object to the extension, then you will not have this hearing and the order can be extended without going back to court.*

* I.C. § 39-6306(5)

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back to topWhat happens if I move? Is my order still effective?

Your protection order is automatically good throughout Idaho as well as in other states.  Federal law provides what is called "full faith and credit," which means that once you have a criminal or civil protection order, it is valid wherever you go, including U.S. Territories and tribal lands.*  Different states may have different rules for enforcing out-of-state protection orders.  You may want to talk to a local domestic violence program in the state where you will be living for more information. 

You may also call the National Center on Protection Orders and Full Faith & Credit (1-800-903-0111 x 2) for information on enforcing an out-of-state order.

* 18 U.S.C. §§ 2265, 2266

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