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Legal Information: Idaho

Idaho Restraining Orders

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Restraining Orders

Protection orders are issued by a judge in a state civil court and require one person to stop harming another. In Idaho, there are protection orders for victims of domestic violence and protection orders against malicious harassment, stalking, and telephone harassment.

Protection Orders

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.

Basic information

What is the legal definition of domestic violence in Idaho?

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)

What types of protection orders are there? How long do they last?

In Idaho, there are two types of protection orders for domestic violence victims: temporary (ex parte) orders and (final) protection orders.

A temporary ex parte order can be issued on the day that you file your petition (or on the next day) if the judge believes that serious or permanent (irreparable) injury could result from domestic violence if an order is not issued immediately without prior notice to the abuser. For example, the judge will consider if the abuser has recently threatened you with bodily injury or has committed an act of domestic violence against you. In general, a temporary order lasts for up to 14 days, or until you have a court hearing for a permanent order. If the ex parte order substantially affects the abuser's rights to enter the home or his/her right to custody or visitation, the abuser can ask the court to hold the hearing sooner than 14 days.1

A final protection order can be issued if, after a court hearing in which you and the abuser are both given the opportunity to present evidence, the judge finds that there is an immediate and present danger of domestic violence. The order lasts for up to one year but can be extended.2 For more information, see How do I change or extend the protection order?

1 I.C. § 39-6308(1), (3), (4), (5)
2 I.C. § 39-6306(1), (5)

What protections can I get in a protection order?

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 member(s), 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 3 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 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 member(s), 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)

In which county can I file for an order of protection?

You can file for a protection order in the district court in the county where the abuser lives, where you live (where your permanent residence is located) or where you are temporarily living in order to escape the abuse.1

However, if you have left the home and want to keep the address where you are staying confidential, filing in that county would likely not be a good idea since it would alert the abuser to the fact that you are living in that county.

1 I.C. § 39-6304(2), (6)

Who is eligible for a protection order

Who can get a protection order?

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)

Can I get a protection order against a same-sex partner?

In Idaho, you may apply for a protection order against a current or former same-sex partner as long as the relationship meets the requirements listed in Who can get a protection order? You must also be the victim of an act of domestic violence, which is explained in What is the legal definition of domestic violence in Idaho?

You can find information about LGBTQIA victims of abuse and what types of barriers they may face on our LGBTQIA Victims page.

Can a minor get a protection order?

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)

How much does it cost to get a protection order? Do I need a lawyer?

There is no cost to file for a protection order or to have it served upon the abuser.1

You do not need a lawyer to file for a protection order, however, it may be helpful to have one to make sure that your rights are protected, especially if the abuser has a lawyer. If when you go to the hearing, the respondent (abuser) has a lawyer, you have the right to request a "continuance" so that you can get a lawyer as well. Also, if the judge believes that it is necessary for both parties to be represented by lawyers, the judge can enter an order to ensure that lawyers are retained. The order may require either you or the respondent (or both) to pay the attorneys' fees. If you cannot afford a lawyer, you can try to get a lawyer through a local legal services organization if you qualify.2 Go to ID Finding a Lawyer for legal referrals.

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

1 I.C. § 39-6305
2 I.C. § 39-6306(1)

What can I do if I don't qualify for a protection order?

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.

Steps to get a protection order

Step 1: Go to court to file your petition.

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)

Step 2: A judge will review your petition and may issue an ex parte order.

After you finish filling out your petition, bring it to the court clerk. The clerk will forward it to a judge. The judge may want to ask you questions as s/he looks over your petition, which is known as an ex parte hearing. This ex parte hearing can take place the day you file your petition or the next business day and it could even take place by phone. The judge will decide whether or not to give you a temporary ex parte protection order, which means that the order is issued without prior notice to the abuser. To give you an ex parte order, the judge must believe that serious or permanent (irreparable) injury could result from domestic violence if an order is not issued immediately. In general, a temporary order lasts for up to 14 days, or until you have a court hearing for a permanent order.1

Even if the judge does not issue you a temporary ex parte order, the judge could still set a hearing date for a permanent order. You will be given papers that tell you when your hearing will be, usually within 14 days.

1 I.C. § 39-6308(1), (2), (4), (5)

Step 3: Service of process

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

Step 4: The hearing

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. It may be helpful to have a lawyer at the hearing to make sure that your rights are protected, especially if the abuser has a lawyer. If when you go to the hearing, the respondent (abuser) has a lawyer, you have the right to request that the hearing be delayed so that you can get a lawyer as well. Also, the law says that if the judge believes that it is necessary for both parties to be represented by lawyers, the judge can enter an order to ensure that lawyers are retained. The order may require either you or respondent (or both) to pay for the attorneys' fees.1 If you cannot afford a lawyer, you can try to get a lawyer through a local legal services organization if you qualify. Go to ID Finding a Lawyer for legal referrals. If you cannot get a lawyer and will be representing yourself, see our Preparing Your Case page for tips on representing yourself.

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.

1 I.C. § 39-6306(1)

After the hearing

Can the abuser have a gun?

Once you get a protection order, there may be laws that prohibit the respondent from having a gun in his/her possession.  There are a few places where you can find this information:

  • first, read the questions on this page to see if judges in Idaho have to power to remove guns as part of a temporary or final order;
  • second, go to our State Gun Laws section to read about your state’s specific gun-related laws; and
  • third you can read our Federal Gun Laws section to understand the federal laws that apply to all states.

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

What should I do when I leave the courthouse?

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.

What can I do if the abuser violates the order?

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 punishable by up to one year in jail and a fine up to $5,000.1

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

1 I.C. § 39-6312

How do I change or extend the protection order?

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)

What 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.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 (1-800-903-0111 x 2) for information on enforcing an out-of-state order.

1 18 U.S.C. §§ 2265; 2266

Protection Orders Against Malicious Harassment, Stalking, and Telephone Harassment

A protection order against malicious harassment, stalking, and telephone harassment is a civil order that provides protection against harassment or stalking from someone with whom you do or do not have a relationship.

Basic info

What is a protection order against malicious harassment, stalking, and telephone harassment (harassment protection order)?

A protection order against malicious harassment, stalking, and telephone harassment (harassment protection order) is a civil court order that offers protection to victims of harassment and stalking (and/or their children) regardless of whether you have a specific relationship with the abuser.1 The petition must be filed within 90 days of when the stalking or harassment took place.2

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

What is the legal definition of stalking in Idaho?

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)

What is the legal definition of telephone harassment in Idaho?

Telephone harassment is when the abuser, with the intent to annoy, terrify, threaten, intimidate, harass, or offend you, calls you or someone else and:

  • speaks to you (or about you) using obscene, lewd or profane language, or makes any request, suggestion, or proposal which is obscene, lewd, lascivious, or indecent;
  • speaks to another person and makes any threat to injure or physically harm that person, his/her property, his/her family member, or any other person; or
  • uses repeated telephone calls to disturb (or try to disturb) the peace, quiet, or right of privacy of you or anyone else located where the phone calls are received. Note: It doesn’t matter if the calls are made anonymously (or not) or if a conversation actually takes place (or not).1

1 I.C. § 18-6710(1)

What is the legal definition of malicious harassment in Idaho?

Malicious harassment is when an abuser, with intent to intimidate or harass you because of your race, color, religion, ancestry, or national origin, does any of the following or threatens to do any of the following (and there is reasonable cause to believe that s/he will act upon the threat):

  • causes you physical injury; or
  • damages, destroys or defaces your property, home or land. Note: Defacing your property includes cross-burning or placing a word or symbol linked to racial, religious, or ethnic discrimination on your property.1

1 I.C. § 18-7902

What kinds of protection orders against malicious harassment, stalking, and telephone harassment are there? How long do they last?

There are two types of harassment protection orders: an ex parte temporary order and a final protection order.

Ex parte temporary orders: A judge can grant this type of order without the abuser having notice of the case beforehand. An ex parte temporary order will last up to 14 days, and your hearing for a final order will be scheduled to take place within those 14 days. Note: The order can also be reissued for up to an additional 14 days after a hearing if the judge decides there is good cause to do so. If the abuser wants the judge to shorten the time period before the order expires, s/he must file a motion with the judge and you must be served with that motion 2 days before any hearing on the motion.1

Final protection orders: A final protection order can be issued for up to one year only after a court hearing in which you and the harasser both have a chance 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. it is likely that such behavior would happen in the future and cause you severe or irreversible injury.2

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

What protections can I get in a protection order against malicious harassment, stalking, and telephone harassment?

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(1)

Getting the order

Am I eligible for a harassment protection order?

You can file for a harassment protection order if you or your children are the victim(s) of malicious harassment, stalking, 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)

How much does it cost to file for a harassment protection order?

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

What are the steps for getting an order?

The steps for obtaining a protection order against malicious harassment, stalking, and telephone harassment will be similar to the steps for obtaining a protection order for domestic violence, but you will fill out different forms.  If you would like to have a lawyer help you or represent you, you can go to our ID Finding a Lawyer page for legal referrals. 

Moving to Another State with an Idaho Protection Order

If you are moving out of state or are going to be out of the state for any reason, your protection order can still be enforceable.

General rules

Can I get my protection order from Idaho enforced in another state?

Yes. If you have a valid Idaho protection order that meets federal standards, it can be enforced in another state. (See the question below to find out if your protection order qualifies.) 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. See the question below to find out if your protection order qualifies.

How do I know if my protection order is good under federal law?

An protection order is good anywhere in the United States 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)

I have a temporary (or ex parte) order.  Can it be enforced in another state?

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)

Getting your Idaho order of protection enforced in another state

How do I get my protection order enforced in another state? 

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)

Do I need a special copy of my protection order to it enforced?

In some states, you will need a certified copy of your protection order. A certified copy says that it is a "true and correct" copy; it is signed and initialed by the clerk of court that gave you the order, and usually has some kind of court stamp on it. In Idaho, a certified order has a stamp and/or a raised seal on it.

The copy you originally received may or may not have been a certified copy, depending on the county. If your copy is not a certified copy, call or go to the court that gave you the order and ask the clerk's office for a certified copy. The court may charge a small fee to get a certified copy of an Idaho protection order.

Note: It is a good idea to keep a copy of the protection order with you at all times. You will also want to bring several copies of the protection order with you when you move. Leave copies of the protection 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 protection order to anyone who is named in and protected by the order.

Can I get someone to help me?  Do I need a lawyer?

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.

Enforcing custody provisions in another state

I was granted temporary custody with my protection order. Can I take my kids out of the state?

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.

I was granted temporary custody with my protection order.  Will another state enforce this custody order?

Yes. Custody, visitation, and child support provisions that are included in an protection order can be enforced across state lines. Law enforcement and courts in another state are required by federal law to enforce these provisions.1

1 18 USC 2266

Enforcing an Out-of-State Order in Idaho

If you are planning to move to Idaho or are going to be in Idaho for any reason, your protection or restraining order can be enforced.

General rules for out-of-state orders in Idaho

Can I get my protection order enforced in Idaho? What are the requirements?

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)

Can I have my out-of-state protection order changed, extended, or canceled in ID?

No. Only the state that issued your protection order can change, extend, or cancel the order. You cannot have this done by a court in Idaho.

To have your order changed, extended, or canceled, you will have to file a motion or petition in the court where the order was issued. You may be able to request that you attend the court hearing by telephone rather than in person, so that you do not need to return to the state where the abuser is living. Find out if this is possible in your state by calling the clerk of the court that issued your order. To find out more information about how to modify a restraining order, see the Restraining Orders page for the state where your order was issued.

If your order does expire while you are living in Idaho, you may be able to get a new one issued in Idaho but this may be difficult to do if no new incidents of abuse have occurred in Idaho. To find out more information on how to get a protection order in Idaho, visit our ID Protection Orders page.

I was granted temporary custody with my out-of-state protection order.  Will I still have temporary custody of my children in Idaho?

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.

Registering your out-of-state protection order in Idaho

What is the National Crime Information Center (NCIC) Registry? Who has access to it?

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.

How do I register my protection order in Idaho?

To register your foreign protection order, you should bring a copy of the certified order to a court in Idaho. When you register the order, it will be entered into the Idaho enforcement telecommunications system.1 Along with the order, you will need to give the court an affidavit stating that the order is currently in effect to the best of your knowledge. Registering your order in Idaho is free.2

1 I.C. § 39-6311
2 I.C. § 39-6306A

Do I have to register my protection order in Idaho in order to get it enforced?

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)

Will the abuser be notified if I register my protection order?

Under the federal Violence Against Women Act (VAWA), which applies to all U.S. states and territories, the court is not permitted to notify the abuser when a protective order has been registered or filed in a new state unless you specifically request that the abuser be notified.1  However, you may wish to confirm that the clerk is aware of this law before registering the order if your address is confidential.

However, remember that there may be a possibility that the abuser could somehow find out what state you have moved to.  It is important to continue to safety plan, even if you are no longer in the state where the abuser is living.  We have some safety planning tips to get you started on our Safety Tips page.  You can also contact a local domestic violence organization to get help in developing a personalized safety plan. You will find contact information for organizations in your area on our ID Advocates and Shelters page.

1 18 USC § 2265(d)

What if I don't register my protection order?  Will it be more difficult to have it enforced?

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.

Does it cost anything to register my protection order?

No. Registering you protection order in Idaho is free.1

1I.C. § 39-6306A(5)(c)