This section defines domestic violence for the purposes of getting an order of protection. In Idaho, domestic violence occurs when a family or household member or someone you have dated does any of the following to you:

• 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/or not remove your children from the state;
• order the abuser to not contact, bother, interfere with, or threaten minor children in your custody - and keep the abuser away from any residence or location to accomplish this;
• allow the respondent to take only personal clothing and toiletries and any other items specifically ordered by the court but nothing else; and
• order other relief that the judge believes is necessary for your protection or the protection of your family or household members, including orders or directives to a peace officer.¹

A final 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;
• grant 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 not contact, bother, interfere with, or threaten minor children in your custody - and keep the abuser away from any residence or location to accomplish this;
• 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/household member frequently go;
• order other relief that the judge believes is necessary for your protection or the protection of your family or household members, including orders or directives to a peace officer;
• 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 any wireless phone numbers used by you and your children over to you, along with 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 request this in 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 may not have “personal jurisdiction” (power) over an out-of-state abuser. This means that the court may not be able to grant an order against him/her.

There are a few ways that a court can have 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, for business, to see extended family, 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 s/he but 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.

However, even if none of the above apply to your situation, it doesn’t necessarily mean that you can’t get an order. If you file, you may be granted an order on consent or the judge may find other circumstances that allow the order to be granted.

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

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

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, which includes:

• your spouse or former spouse;
• your parent;
• your brother or sister;
• your grandparent;
• family members related to you by blood, adoption, or marriage;
• anyone with whom you live, currently or in the past;
• anyone with whom you have had a child (even if you were not married); and
• anyone with whom you are or were in a dating relationship.¹

A custodial or noncustodial parent or guardian may file a petition on behalf of a minor child (under 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 on behalf of a minor child (under 18) who is the victim of domestic violence.¹

¹ I.C. §§ 32-101; 39-6304(2)

Even if you don’t qualify for an order, the abuser may be committing a crime. To read the definitions of some crimes in Idaho, you can go to our ID Crimes page. If charges are pressed against the perpetrator, a judge may be able to order him/her to stay away from you through a criminal court protection order.

In addition, you may qualify for a protection order against malicious harassment, stalking, and telephone harassment if you are the victim of stalking or harassment.

If you’re being emotionally abused or abused in some other way that isn’t covered by a protection order, you may want to contact a domestic violence organization in your area. They can help you figure out your options and offer you support. To find help in your state, please click on the ID Places that Help page.

You will file your petition in the magistrate division of the district court in the county where you live (temporarily or permanently) or where the abuser lives.¹ You can find the address for the district court near you by going to our ID Courthouse Locations page. The clerk can give you the petition and any other forms you will need to fill out. You can also find links to online forms by going to our ID Download Court Forms page.

When filling out the forms, you will be referred to as the “petitioner” and the abuser will be called the “respondent.” When writing about incidents of violence, use descriptive language - words like “slapping”, “hitting”, “grabbing”, “choking”, “threatening”, etc. - that fits your situation. Be specific. Include details and dates, if you can.

A domestic violence organization may be able to provide you with help filling out the form. See ID Places that Help for the location of an organization near you.

Remember to bring some form of identification, like your driver’s license or other ID that includes your picture. Do not sign the petition until you have shown it to a clerk. It may need to be notarized or signed in the presence of court personnel.

Note: Idaho has Court Assistance Offices (CAO), which provide various services to the public to help ensure equal access to the courts. Services include: review of CAO court forms and documents before they are filed; availability of public access computers for interactive forms; help with general form/document questions; assistance with calculating child support and completing a parenting plan; collection of instructional videos, brochures, and pamphlets on topics such as introduction to the court system, family law matters, domestic violence, etc.; legal research assistance on Law Library website. To find your local office, click here.

¹ I.C. § 39-6304(2), (6)

The abuser has to be served with paperwork from the court, which includes a copy of your petition, the temporary ex parte order you received (if any), and information about when the hearing for a permanent order will be. Your temporary order will not go into effect until the abuser has been served. There is no fee to have law enforcement serve the order.¹ The court will send copies of the order and notice of hearing to the police or sheriff. Usually, law enforcement personnel will attempt to serve the abuser in person.²

Do not try and serve the abuser in person with the papers yourself.

¹ I.C. § 39-6305
² I.C. §§ 39-6309; 39-6310

You can find more information about service of process in our Preparing for Court – By Yourself section, in the question called What is service of process and how do I accomplish it?

Here are some things that you may want to consider when leaving the courthouse. You will have to evaluate each one and decide if it is safe and appropriate for you to do it.

• Review the order before you leave the courthouse. If you see any errors, you can ask the clerk how to correct them.
• Make several copies of the restraining order as soon as possible.
• Keep a copy of the restraining order with you at all times. Leave copies at your workplace, 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 along with a photo of the abuser.
• Give a copy of the order to anyone who is named in and protected by the order.
• You may wish to consider changing your locks and your phone number.

You may also wish to make a safety plan. 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. Go to our Safety Tips page for suggestions.

If you want to extend (renew), change (modify), or terminate your order, you have to return to court to file an application for renewal, modification, or termination.

If you are filing to renew your order, you should file this application before your first order expires. If you show “good cause” to the judge as to why the order should be renewed, the judge can renew the order for an “appropriate” time period as directed by the judge or the order can be made permanent with no end date.If the abuser objects to the order being renewed, 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 renewed. The abuser will have the chance to object to the order being renewed and present his/her own evidence. If the abuser does not object to the renewal once s/he receives notice of the hearing, then it’s possible that the order can be renewed without a hearing.¹

¹ I.C. § 39-6306(5)

According to federal law, which applies to all states, territories, and tribal lands, the courts are not supposed to make available publicly on the internet any information that would be likely to reveal your identity or location. This applies to all of these documents:

• the petition you file;
• the protection order, restraining order, or injunction that was issued by the court; or
• the registration of an order in a different state.¹

¹ 18 USC § 2265(d)(3)

Stalking is when an abuser intentionally and maliciously engages in a “course of conduct” that:

• seriously alarms, annoys, or harasses you (and would cause a “reasonable person” to feel substantial emotional distress); or
• would cause a “reasonable person” to be in fear of his/her own death or physical injury or in fear of a family or household member’s death or physical injury.¹

A “course of conduct” means that the abuser has repeatedly made “nonconsensual contact” with you or your family or household members.² In other words, the contact began or continued without your consent, went beyond the scope of any contact that you did consent to, or it happened even though you specifically asked that s/he not contact you or stop contacting you (if at first you were OK with it). Some examples of “nonconsensual contact” include, but are not limited to:

• following you or maintaining surveillance (electronic or otherwise) on you;
• contacting you in a public place or on private property;
• appearing at your home or workplace;
• entering onto or remaining on property owned, leased, or occupied by you;
• contacting you by telephone or causing your telephone to ring repeatedly or continuously regardless of whether s/he says anything over the phone;
• sending you mail, email, or other electronic communications; or
• placing an object on or delivering an object to property owned, leased, or occupied by you.³

¹ I.C. §§ 18-7905(1); 18-7906(1)
² I.C. § 18-7906(2)(a)
³ I.C. § 18-7906(2)(c)

For the purposes of getting a protection order, malicious harassment is when, with intent to intimidate or harass you because of your race, color, religion, ancestry, or national origin, an abuser:

• causes or threatens to cause you physical injury; or
• causes or threatens to cause damage to your property, home, or land.¹

¹ I.C. § 18-7907(1)(c)

Through both an ex parte temporary order and a final order, the judge can require:

• the abuser not to harass or stalk you;
• the abuser not to contact you or any protected person in your order; and
• anything else the judge thinks is necessary, which can include an order that the abuser not come within a certain distance (up to 1,500 feet) of you or a protected person in your order.¹

¹ I.C. §§ 18-7907(4); 18-7908(2)

There is no fee to file for a harassment protection order. You also cannot be charged a fee for having the order served.¹

¹ I.C. § 18-7909

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, states that all valid protection orders granted in the United States receive “full faith and credit” in all state and tribal courts within the US, including US 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. 

Yes. 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 extend your ex parte temporary order or issue you a permanent order when the temporary one expires. If you need to extend your temporary order, you will have to contact the state that issued the order and arrange to be at the hearing in person or by telephone (if that is an option offered by the court). However, you may be able to reapply for one in the new state that you are moving to if you meet the requirements for getting a protective order in that state – but, if you apply for one in a 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)

Federal law does not require you to take any special steps to get your protection order enforced in another state.
Many states do have laws or regulations (rules) about registering or filing of out-of-state orders, which can make enforcement easier, but a valid protection order is enforceable regardless of whether it has been registered or filed in the new state.¹ Rules differ from state to state, so it may be helpful to find out what the rules are in your new state. You can contact a local domestic violence organization for more information by visiting our Advocates and Shelters page and entering your new state in the drop-down menu.

Note: It is important to keep a copy of your protection order with you at all times. It is also a good idea to know the rules of states you will be living in or visiting to ensure that your out-of-state order can be enforced in a timely manner.

¹ 18 U.S.C. § 2265(d)(2)

You do not need a lawyer to get your protection order enforced in another state.

However, you may want to get help from a local domestic violence advocate or attorney in the state that you move to. A domestic violence advocate can let you know what the advantages and disadvantages are for registering your protection order, and help you through the process if you decide to do so.

To find a domestic violence advocate or an attorney in the state you are moving to click on the Places that Help tab on the top of this page and then choose the state you want from the drop down menu.

Maybe. It will depend on the exact wording of the custody provision in your protection order. You may have to first seek the permission of the court before leaving. If your abuser was granted visitation rights with your children, then you may have to have the order changed, or show the court that there is a fair and realistic alternative to the current visitation schedule.

To read more about custody laws, go to our ID Custody page.

If you are unsure about whether or not you can take your kids out of the state, it is important to talk to a domestic violence advocate or lawyer who understands domestic violence and custody laws, and can help you make the safest decision for you and your children. You can find contact information for local domestic violence organizations and legal assistance in the Idaho area on our IDdaho Places that Help page.

Yes. Your protection order can be enforced in Idaho as long as:

• It was issued to prevent violent or threatening acts, harassing behavior, sexual violence, or it was issued to prevent another person from coming near you or contacting you.¹
• The court that issued the order had jurisdiction over the people and case. (In other words, the court had the authority to hear the case.)
• The abuser received notice of the order and had an opportunity to go to court to tell his/her side of the story.
  • In the case of ex parte temporary and emergency orders, the abuser must receive notice and have an opportunity to go to court to tell his/her side of the story at a hearing that is scheduled before the temporary order expires.²

Note: For information on enforcing a military protective order (MPO) off the military installation, or enforcing a civil protection order (CPO) on a military installation, please see our Military Protective Orders page.

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

Yes. As long as the child custody provision complies with certain federal laws,¹ Idaho can enforce a temporary custody order that is a part of a protection order.

To have someone read over your order and tell you if it meets these standards, contact a lawyer in your area. To find a lawyer in your area click here ID Finding a Lawyer.

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.

All law enforcement officials have access to it, but the information is encrypted so outsiders cannot access it.

No. ID state law says that a valid protective order does not need to be registered to be enforced.¹ However, if you register your order in Idaho it may help law enforcement officials better protect you.

¹I.C. § 6306A(4)(d)

Maybe. While neither federal law nor state law requires that you register your protective order in order to get it enforced, if your order is not entered into the state registry, it may be more difficult for a ID law enforcement official to determine whether your order is real. This may make it harder to get your protection order enforced.

If you are unsure about whether registering your order is the right decision for you, you may want to contact a local domestic violence organization in your area. An advocate there can help you decide what the safest plan of action is for you in Idaho. To see a list of local domestic violence organizations in ID, go to our Advocates and Shelters page.