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Legal Statutes: Idaho

UPDATED July 16, 2017

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Chapter 79. Malicious Harassment

back to top18-7908. Ex parte temporary protection order

(1) Where a petition for a protection order under this chapter alleges that irreparable injury could result from conduct that constitutes malicious harassment as described in section 18-7902, Idaho Code, stalking in any degree as described in section 18-7905 or 18-7906, Idaho Code, or telephone harassment as described in section 18-6710, Idaho Code, if an order is not immediately issued without prior notice to the respondent, the court may grant an ex parte temporary protection order based upon the affidavit submitted or hold an ex parte hearing on the day a petition is filed or on the following judicial day to determine whether the court should grant an ex parte temporary protection order pending a full hearing. An ex parte temporary protection order may grant the same relief as specified in section 18-7907(4), Idaho Code.

(2) An ex parte hearing to consider the issuance of an ex parte temporary protection order may be conducted by telephone or other electronic means in accordance with any procedures authorized by the Idaho supreme court.

(3) An ex parte temporary protection order shall be effective for a fixed period not to exceed fourteen (14) days, and a full hearing, as provided in this chapter, shall be set for not later than fourteen (14) days from the issuance of the ex parte temporary protection order. An ex parte temporary protection order may, following a hearing and for good cause shown, be reissued for a period not to exceed fourteen (14) days. Motions seeking an order shortening the time period must be served upon the petitioner at least two (2) days prior to the hearing on the motion.

(4) Except as otherwise provided in this section, the provisions of section 18-7907, Idaho Code, are applicable to a petition for protective order seeking an ex parte temporary protection order and to any ex parte temporary restraining order issued pursuant to this section.

Added by S.L. 2016, ch. 270, § 2, eff. July 1, 2016.