Esta sección define violencia doméstica con el fin de obtener una orden de protección. En Idaho, ocurre violencia doméstica cuando un/a miembro de la familia o del hogar o alguien con quien usted ha tenido relación de noviazgo hace alguna de las siguientes:

• causes a physical injury;
• commits sexual abuse;
• commits forced imprisonment; or
• threatens to commit any of the above acts.¹

¹ I.C. § 39-6303(1), (3), (6)

A temporary ex parte protection order can do any of the following:

• order the abuser to not commit acts of domestic violence;
• remove the abuser from a home s/he shares with you or from your home;
• order the abuser to not interfere with your custody of the children and not take your children out of the state;
• order the abuser to not contact, bother, interfere with, or threaten minor children in your custody - and keep the abuser away from a specific home or location to accomplish this;
• allow the abuser to take his/her clothing, toiletries, and any other items specifically ordered by the court but nothing else; and
• order anything the judge believes is necessary to protect you and your family or household members- this could include orders or directives to a peace officer.¹

A final protection order can include:

• all of the protections listed above; and
• any of the following additional orders:
  • give you temporary custody of your children for up to three months if you can show that there is an immediate and present danger of domestic violence to you;
  • order the abuser to stay at least 1,500 feet, or another appropriate distance, away from you, your home, your school, your workplace, or any specific place where you, your children, or another family or household member frequently go;
  • order the abuser to get counseling or treatment;
  • order the abuser to pay your attorney’s fees and costs;² and
  • order your wireless telephone service provider to transfer over to you any wireless phone numbers that you and your children use and the billing responsibility, when the abuser is the current account holder. Note: The judge would do this in a separate order directed to the wireless telephone service provider but you can ask for it when you file your protection order petition.³

¹ I.C § 39-6308(1)
² I.C. § 39-6306(1)
³ I.C. § 39-6318(1), (2)(a)

When you and the abuser live in different states, the judge in your state may not have legal power (personal jurisdiction) over an out-of-state abuser. This means that the judge may not be able to grant an order against him/her.

However, there are a few ways that a judge can get personal jurisdiction over an out-of-state abuser:

1. The abuser has a substantial connection to your state. Perhaps the abuser regularly travels to your state to visit you, to see extended family, or for business, or the abuser lived in your state and recently fled.
2. One of the acts of abuse “happened” in your state. Perhaps the abuser sends you threatening texts or harassing phone calls from another state but you read the messages or answer the calls while you are in your state. The judge could decide that the abuse “happened” to you while you were in your state. It may also be possible that the abuser was in your state when s/he abused you but s/he has since left the state.
3. If you file your petition and the abuser gets served with the court petition while s/he is in your state, this is another way for the court to get jurisdiction.

Even if none of the above apply to your situation, you may still be able to get an order. If you file, the abuser may agree to an order “on consent” or the judge may decide there are other reasons to grant the order.

You can read more about personal jurisdiction in our Court System Basics - Personal Jurisdiction section.

Note: If the judge in your state refuses to give you an order, you can file in the courthouse in the abuser’s state. However, you will likely need to file the petition in person and attend various court dates. This could be difficult if the abuser’s state is far away.

You do not need a lawyer to file for a protection order. However, it can help to have one to make sure that your rights are protected. This is especially true if the abuser has a lawyer. If you go to the hearing and the abuser has a lawyer, you can ask the judge for a “continuance.” This means postponing the case so you can get a lawyer, too. Also, if the judge believes that you and the abuser both need lawyers, the judge can order both of you to hire (retain) lawyers. The judge can also order you, the abuser, or both of you to pay the attorneys’ fees.¹ If you cannot afford a lawyer, you can try to get one through a local legal services organization if you qualify. Go to Idaho Finding a Lawyer for legal referrals.

If you are representing yourself, the domestic violence organizations in your area or staff at the courthouse may be able to answer some questions or help you fill out court forms.

If you will be in court without a lawyer, our Preparing for Court – By Yourself section can help you get ready.

¹ I.C. § 39-6306(1)

You may file for a protection order if you have been the victim of abuse by a family or household member or a dating partner. This includes:

• your current or former spouse;
• family members related to you by blood, adoption, or marriage;
• anyone you live with now or lived with in the past;
• anyone with whom you have a child; and
• anyone you are or were dating.¹

A custodial or noncustodial parent or guardian may file a petition for a child under age 18 who is the victim of domestic violence.²

¹ I.C. § 39-6303
² I.C. §§ 32-101; 39-6304(2)

A custodial or noncustodial parent or guardian may file a petition for a child under age 18 who is the victim of domestic violence.¹

¹ I.C. §§ 32-101; 39-6304(2)

After you fill out your petition, bring it to the court clerk. The clerk will give it to a judge. The judge may want to ask you questions as s/he reads your petition. This is called an ex parte hearing. Ex parte means the abuser is not there and does not know about the order in advance. The ex parte hearing can take place the day you file your petition or the next business day. It may even take place by phone.

To give you an ex parte order, the judge must believe that you need the order immediately to prevent serious or permanent (irreparable) injury from domestic violence.

If you get a temporary order, it will usually last for up to 14 days or until you have a court hearing.¹ Even if you do not get a temporary order, the judge could still set a hearing date for a final order. You will get papers that tell you when the hearing will be.

¹ I.C. § 39-6308(1), (2), (4), (5)

When you first filed your petition, you would have received a date to return to court for a hearing. You must go to that hearing. If you do not go to the hearing, your temporary order will expire and you will have to start the process over. If the abuser does not show up for the hearing, the judge may still grant you a protection order or the judge may order a new hearing date.

At the hearing, it can help to have a lawyer to make sure your rights are protected. This is especially true if the abuser has a lawyer. If you go to the hearing and the abuser has a lawyer, you can ask for a “continuance.” This means postponing the case so that you can get a lawyer, too. Also, if the judge believes that you and the abuser both need lawyers, the judge can order that you both hire (retain) lawyers. The order may require you, the abuser, or both of you to pay for the attorneys’ fees.¹ If you cannot afford a lawyer, you can try to get one through a local legal services organization if you qualify. Go to Idaho Finding a Lawyer for legal referrals. If you cannot get a lawyer, see our At the Hearing page for tips on representing yourself.

¹ I.C. § 39-6306(1)

Once you get a protection order, laws may forbid the respondent from having a gun. There are a few places where you can find this information:

1. Read the questions on this page to see if judges in Idaho can remove guns as part of a temporary or final protection order.
2. Go to our State Gun Laws section to see who can and cannot legally have guns in Idaho; and
3. Read our Federal Gun Laws section to learn about the federal gun laws that apply to all states.

You can learn more about keeping an abuser from having guns on the National Domestic Violence and Firearms Resource Center’s website. 

You can call the police or sheriff, even if you think it is a minor violation. A violation of a protection order can be a misdemeanor crime punishable by up to one year in jail and a fine of up to $5,000.¹

Make sure the police fill out a report even if they do not arrest the abuser. It is a good idea to write down the names and badge numbers of the responding officers in case you want to follow up on your case.

¹ I.C. § 39-6312

Your protection order is automatically good throughout Idaho as well as in other states, U.S. territories, and tribal lands. Federal law provides what is called “full faith and credit.” This means that once you have a criminal or civil protection order, it is valid wherever you go in the U.S.¹ 

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 for information on enforcing an out-of-state order. Call 1-800-903-0111, ext. 2.

Note: There are special rules about military protective orders (MPO). If you have an MPO and are moving off the installation, please see our Military Protective Orders page.

¹ 18 U.S.C. §§ 2265; 2266

A protection order against malicious harassment, stalking, and telephone harassment is a civil court order that offers protection to victims of harassment and stalking and their children. It is also called a “protection order against stalking and/or threats” for short.

Victims of harassment and stalking can file for this kind of order regardless of their specific relationship with the abuser.¹ The petition asking for a harassment protection order must be filed within 90 days of when the stalking or harassment happened.²

¹ I.C. § 18-7907(1), (2)
² I.C. § 18-7907(4)

For the purpose of getting a protection order, telephone harassment means that the abuser:

• used the telephone to communicate a threat to injure or physically harm you or any member of your family; and
• contacted you with the intent to terrify, threaten, or intimidate you.¹ 

Note: This definition is different from the criminal definition of use of telephone to annoy, terrify, threaten, intimidate, harass or offend.²

¹ I.C. § 18–7907(1)(b)
² See I.C. § 18-6710

There are two types of protection orders against stalking and/or threats:

1. ex parte temporary orders; and
2. final protection orders.

Ex parte temporary orders

The judge can give you an ex parte temporary order if the judge believes that:

1. harm could result unless you get an order immediately without prior notice to the abuser; and
2. the abuser intentionally committed stalking, malicious harassment, or telephone harassment against you.¹

Ex parte means the abuser is not there and does not know about the order in advance. If you get an ex parte temporary order, it will last up to 14 days. Your hearing for a final order will be scheduled to take place within those 14 days. The judge can reissue your ex parte order if there is a good reason (“good cause”) to do so - for example, if the abuser cannot be served with the ex parte order before the next court date. If the abuser wants the judge to shorten the time before your order expires, s/he must file a motion. You must be served with that motion two days before a hearing on the motion.²

Final protection orders

The judge can give a final protection order after a court hearing. At the hearing, you and the abuser are both allowed to present evidence, testimony, and witnesses. To grant you the final order, the judge must believe that:

1. you were the victim of malicious harassment, stalking, or telephone harassment within the 90 days before you filed your petition; and
2. the abuser would likely do these things to you again in the future.³

A final protection order can be issued for up to one year. It can be renewed for good cause.⁴ See How do I renew, change, or dismiss a protection order against stalking and/or threats?

¹ I.C. § 18-7908(1)
² I.C. § 18-7908(4)
³ I.C. § 18-7907(4)
⁴ I.C. § 18-7907(7)

When you and the abuser live in different states, the judge in your state may not have legal power (personal jurisdiction) over an out-of-state abuser. This means that the judge may not be able to grant an order against him/her.

However, there are a few ways that a judge can get personal jurisdiction over an out-of-state abuser:

1. The abuser has a substantial connection to your state. Perhaps the abuser regularly travels to your state to visit you, to see extended family, or for business, or the abuser lived in your state and recently fled.
2. One of the acts of abuse “happened” in your state. Perhaps the abuser sends you threatening texts or harassing phone calls from another state but you read the messages or answer the calls while you are in your state. The judge could decide that the abuse “happened” to you while you were in your state. It may also be possible that the abuser was in your state when s/he abused you but s/he has since left the state.
3. If you file your petition and the abuser gets served with the court petition while s/he is in your state, this is another way for the court to get jurisdiction.

Even if none of the above apply to your situation, you may still be able to get an order. If you file, the abuser may agree to an order “on consent” or the judge may decide there are other reasons to grant the order.

You can read more about personal jurisdiction in our Court System Basics - Personal Jurisdiction section.

Note: If the judge in your state refuses to give you an order, you can file in the courthouse in the abuser’s state. However, you will likely need to file the petition in person and attend various court dates. This could be difficult if the abuser’s state is far away.

You can file for a protection order against stalking and/or threats if you or your children experienced stalking, malicious harassment, or telephone harassment within the past 90 days before filing your petition. You do not have to have a specific relationship with the abuser.¹

¹ I.C. §§ 18-7907(2); 18-7907(4)

The steps for getting a harassment protection order are similar to the steps to get a protection order for domestic violence.  If you would like to have a lawyer help or represent you, go to our Idaho Finding a Lawyer page for legal referrals. 

If you have a valid Idaho protection order that meets federal standards, it can be enforced in another state. The Violence Against Women Act (VAWA), which is a federal law, says that all valid protection orders granted in the United States receive “full faith and credit” in all state and tribal courts within the U.S., including U.S. territories. In other words, each state must enforce out-of-state protection orders in the same way it enforces its own orders. If an abuser violates your out-of-state protection order, s/he will be punished according to the laws of whatever state you are in when the order is violated. 

An ex parte temporary order can be enforced in other states as long as it meets the requirements listed in How do I know if my protection order is good under federal law?¹

Note: The state where you are going generally cannot renew your ex parte temporary order or issue you a permanent order when the ex parte temporary one expires. If you need to renew your ex parte temporary order, you will have to contact the state that issued it and arrange to be at the hearing. You may need to appear in person or, if the judge allows it, by telephone or video call. However, you may be able to apply for a new order in the state that you are moving to if you meet the requirements for getting a protective order there. Keep in mind that if you apply in your new state, the abuser would know what state you are living in, which may put you in danger.

¹ 18 U.S.C. § 2265(b)(2)

You do not have to take any special steps to get your protection order enforced in another state. Many states have a process to register or file an out-of-state order to make it easier to enforce if the abuser breaks the order. However, you can still get a valid protection order enforced in another state even if you do not register or file it.¹ For your safety, always keep a copy of your protection order with you.

It can help to know the rules in any state where you will live or visit. For example, in some states, you may need a certified copy of your out-of-state protection order. Knowing the rules in your new state may help you get the police or courts to enforce your order quickly.

A domestic violence organization can tell you how this works in your area. To find one, visit our Advocates and Shelters page and choose your new state in the drop-down menu.

¹ 18 U.S.C. § 2265(d)(2)

Usted no necesita un/a abogado/a para hacer que su orden de protección sea cumplida en otro estado.

Sin embargo, quizás quiera obtener la ayuda de un/a intercesor/a de violencia doméstica o abogado/a en el estado al cual se muda. Un/a intercesor/a de violencia doméstica le puede dejar saber cuáles son las ventajas y desventajas de registrar su orden de protección, y ayudarle durante el proceso si usted decide hacerlo.

Para encontrar un/a intercesor/a de violencia doméstica o abogado/a local en el estado al cual se está mudando, vea la página Lugares que Ayudan y seleccione el nuevo estado del listado desplegable.

It depends on what exactly your protection order says about custody and visitation. You may have to ask the judge for permission before you leave the state with your kids. If the abuser has the right to visit with your children, then you may have to get the order changed. You may have to convince the judge that there is a fair and realistic alternative to the current visitation schedule. To read more about custody laws, go to our Idaho Custody page.

If you are unsure whether or not you can take your kids out of the state, talk to a lawyer who understands domestic violence and custody laws. You can find contact information for legal assistance in Idaho on our Idaho Finding a Lawyer page.

Su orden de protección de otro estado se puede hacer cumplir en Idaho siempre y cuando:

• Haya sido otorgada con el propósito de prevenir el comportamiento violento, amenazador, o acosador, violencia sexual, o si fue otorgada con el propósito de prohibir que otra persona le contacte o se acerque a usted.¹
• El/la juez/a que otorgó la orden tenía jurisdicción sobre las personas y el caso. (En otras palabras, el/la juez/a tenía la autoridad de decidir el caso.)
• El/la agresor/a fue notificado/a de la orden y tuvo la oportunidad de presentarse en la corte y contar su versión de la historia.
  
  • En el caso de órdenes ex parte (cuando solo una de las partes está presente) y órdenes de emergencia, el/la agresor/a debe recibir notificación y tener la oportunidad de presentarse en la corte para contar su versión de la historia durante una audiencia, la cual es programada antes de expire que la orden temporal.²

Nota: Para información sobre hacer cumplir una orden de protección militar (MPO por sus siglas en inglés) fuera de la base militar, o hacer cumplir una orden de protección civil (CPO por sus siglas en inglés) en una base militar, por favor visite nuestra página Órdenes de Protección Militar.

¹ 18 U.S.C. § 2266(5)
² 18 U.S.C. § 2265(a), (b)

As long as the child custody part of your order meets the standards of certain federal laws, Idaho can enforce it.¹

To have someone read your order and tell you if it meets these standards, contact a lawyer in your area. To find a lawyer in your area, go to our Idaho Finding a Lawyer page.

¹ 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.

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.

The state that issued your protection order may already have entered your order into the NCIC when you got the order. If not, your order could be entered into the NCIC if you register it in Idaho. All law enforcement officials have access to the NCIC database, but the information is encrypted so outsiders cannot access it.

You do not need to register a protective order from another state to get it enforced.¹ However, if you register your order in Idaho, this may help the local law enforcement officers more easily check that your order is valid.

¹I.C. § 6306A(4)(d)

According to federal and state laws, you do not need to register your protection order to get it enforced in Idaho. However, if your order is not entered into the state registry, it may be harder for a law enforcement officer to check if your order is valid. So, it could take longer to get your order enforced.

If you are unsure if registering your order in Idaho is right for you, you may want to talk with a domestic violence advocate. An advocate can help you decide what is safest for you. You can find domestic violence advocates in Idaho on our Advocates and Shelters page.