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Legal Statutes: Idaho

UPDATED July 16, 2017

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Chapter 63. Domestic Violence Crime Prevention

back to top39-6304. Action for protection

(1) There shall exist an action known as a "petition for a protection order" in cases of domestic violence.

(2) A person may seek relief from domestic violence by filing a petition
based on a sworn affidavit with the magistrates division of the district
court, alleging that the person or a family or household member, whether an
adult or a child, is the victim of domestic violence. Any petition properly
filed under this chapter may seek protection for any additional persons
covered by this chapter. A custodial or noncustodial parent or guardian may
file a petition on behalf of a minor child who is the victim of domestic
violence.

(3) A person's right to petition for relief under this chapter shall not
be affected by that person's having left the residence or household to avoid
abuse.

(4) The petition shall disclose the existence of any custody or any
marital annulment, dissolution or separation proceedings pending between the
parties, the existence of any other custody order affecting the children of
the parties, and the existence of child protection or adoption proceedings
affecting the children of any party.

(5) When the petitioner requests custody of any child, the petition shall
disclose

(a) The county and state where the child has resided for six (6) months
immediately prior to the filing of the petition;

(b) The party or other responsible person with whom the child is presently residing; and

(c) The party or other responsible person with whom the child has resided for six (6) months immediately prior to the filing of the petition.

(6) A petition shall be filed in the county of the respondent's residence, the petitioner's residence, or where the petitioner is temporarily residing.
[IC, § 39-6304, as added by 1988, ch. 341, § 1, p. 1013; am. 1989, ch. 136, § 3, p. 305; am. 2000, ch. 136, § 2, p. 355.]