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Legal Information: Idaho

Idaho Restraining Orders

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Restraining Orders

Protection Orders Against Domestic Violence

Basic information

What is the legal definition of domestic violence in Idaho?

This section defines domestic violence for the purpose 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:

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

The judge can give you a temporary ex parte order on the day you file your petition or on the next day. Ex parte means the abuser is not there and does not know about the order in advance. The judge must believe that you need this order immediately to prevent serious or permanent (irreparable) injury from domestic violence. For example, the judge might consider if the abuser recently threatened to physically hurt you or was violent towards you. A temporary order will usually last for up to 14 days or until your hearing for a final order. However, the abuser can ask to have the hearing sooner if the temporary order “substantially affects” the abuser’s rights to be in the home or to have custody or visitation.1

The judge can give you a final protection order after a court hearing. At the hearing, you and the abuser are both allowed to present evidence. To grant you an order, the judge must believe that there is an immediate and present danger of domestic violence. A final order will last 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)
I.C. § 39-6306(1), (5)

What protections can I get in a protection order?

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

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)

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;
  • you live permanently; or
  • you live temporarily to escape the abuse.1

However, if you left the home and want to keep the new address where you are staying confidential, filing in that county is risky. It could alert the abuser to the fact that you are living in that county. When you file for a protective order, the court papers have to be served to the abuser. These court papers have the state and county written on them, even if you ask to keep your address confidential.

1 I.C. § 39-6304(2), (6)

If the abuser lives in a different state, can I still get an order against him/her?

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.

How much does it cost to get a protection order?

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

1 I.C. § 39-6305

Do I need a lawyer?

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)

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. 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)

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 for a child under age 18 who is the victim of domestic violence.1

1 I.C. §§ 32-101; 39-6304(2)

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

Even if you don’t qualify for a protection order, the abuser may be committing a crime. To read the definitions of some crimes in Idaho, go to our Idaho Crimes page. If criminal charges are pressed, the criminal court judge may give you a no contact order that tells the abuser to stay away from you and have no contact with you.

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 abused emotionally or in some other way that is not 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 Idaho Places that Help page.

Steps to get a protection order

Step 1: Go to court to file your petition.

To start your case, you will file a Sworn Petition for Protection Order. You will also need to complete the Law Enforcement Service Information Sheet and the Family Law Case Information Sheet. If you want to transfer over your or your child’s wireless phone number from an account owned by the abuser, you will also need to complete a Request For Transfer Of Wireless Telephone Service form.1

You can file in the magistrate division of the district court in the county where you live, temporarily or permanently, or where the abuser lives.1 Find the address for the district court near you by going to our Idaho Courthouse Locations page. You can get the necessary forms from the court clerk or by downloading them from the court website. You can also find links to the online forms by going to our Idaho Download Court Forms page.

When you fill out the forms, you will be called the “petitioner” and the abuser will be called the “respondent.” When you write about the violent acts, use descriptive language to say what the abuser did to you. Here are just some examples of descriptive words: slap, hit, grab, choke, threaten, etc. Be as specific as you can. Include details about when and where the abuse happened, the fear or pain you felt, and any injuries you had.

A domestic violence organization may be able to help you fill out the forms. Go to Idaho Advocates and Shelters to find an organization near you.

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

Note: Idaho has Court Assistance Offices (CAOs) that provide various public services. They can:

  • review court forms and documents before you file them;
  • answer general questions about forms and documents;
  • help you calculate child support or complete a parenting plan;
  • let you use a computer to fill out interactive forms or do legal research on the law library website;
  • show you instructional videos, brochures, and pamphlets about the court system, family law, and domestic violence.

To find your local office, click here.

1 See the protection order forms on the court website.
2 I.C. § 39-6304(2), (6)

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

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)

Step 3: Service of process

Next, the abuser has to be served with the court paperwork. The paperwork includes:

  • a copy of your petition;
  • the temporary ex parte order if you got one; and
  • a summons or notice that says when and where the hearing 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.The court will send copies of the order and notice of hearing to the police or sheriff. Usually, they will attempt to serve the abuser in person.2 Do not try to serve the abuser in person yourself.

Learn more about service of process in our Preparing for Court – By Yourself section. Go to What is service of process and how do I accomplish it?

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. 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)

After the hearing

Can the abuser have a gun?

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

What should I do when I leave the courthouse?

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

  • Review the order before you leave the courthouse. If you see any errors, ask the clerk how to correct them.
  • Make several copies of the protection order as soon as possible.
  • Keep a copy of the protection order with you at all times.
  • Leave copies at your workplace, at your home, at your children’s school or daycare, in your car, with a trusted neighbor, and so on.
  • If you have a security guard or front desk person where you live or work, give him/her a copy of the order and a photo of the abuser.
  • Give a copy of the order to anyone who is named in and protected by the order.
  • You may want to change your locks and phone number.

You may also want to make a safety plan. People can do 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 abusers obey protective orders, but some do not. So, it is important to build on the things you have already been doing to keep yourself safe. Go to our Safety Planning 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 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

How do I renew, change, or dismiss the protection order?

If you want to extend (renew), change (modify), or dismiss (terminate) your order, you have to go back to court and file an Application to Modify, Terminate, or Renew the Protection Order. The judge will likely schedule a hearing where you will explain your reasons for your request. The abuser has the right to be present as well.

To renew your order, make sure to apply before your current order expires. You will have to show the judge there is a good reason (“good cause”) to renew your order. Then, if the judge agrees, s/he can extend your order for an “appropriate” length of time or make it permanent with no end date.

If the abuser objects to the renewal, there will be a hearing. At the hearing, you will have to prove to the judge why you need the order renewed. The abuser will have the chance to oppose the renewal and present his/her evidence. If the abuser does not object to the renewal after getting notice of the hearing, then the judge may renew your order 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, 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

If I get a protection order, will it show up in an internet search?

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;
  • any protection order, restraining order, or injunction you get; and
  • the registration of your order in a different state.1

1 18 USC § 2265(d)(3)

Protection Orders Against Malicious Harassment, Stalking, and Telephone Harassment

Basic info

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

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)

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 fear that s/he or his/her family or household member will be killed or physically injured.1

A “course of conduct” means that the abuser repeatedly made unwanted (“nonconsensual”) contact with you or your family or household members.2 In other words, the abuser’s contact with you or your family or household members:

  • began or continued without your consent;
  • went beyond the scope of any contact that you agreed to; or
  • happened even though you specifically asked the abuser to not contact you or to stop contacting you. 3

Some examples of “nonconsensual contact” include, but are not limited to:

  • following you or keeping surveillance on you, electronic or otherwise;
  • contacting you in a public place or on private property;
  • showing up at your home or workplace;
  • entering onto or staying on property that you own, lease, or occupy;
  • contacting you by telephone;
  • causing your telephone to ring repeatedly or continuously whether or not 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 that you own, lease, or occupy.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?

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.

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

What is the legal definition of malicious harassment in Idaho?

For the purpose 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)

What kinds of protection orders against stalking and/or threats are there? How long do they last?

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

What protections can I get in a protection order against stalking and/or threats?

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

  • the abuser to not harass or stalk you;
  • the abuser to not contact you or another protected person named in your order; and
  • anything else the judge thinks is necessary, which can include an order that the abuser must stay a distance of up to 1,500 feet away from you or another protected person in your order.1

1 I.C. §§ 18-7907(4); 18-7908(2)

If the abuser lives in a different state, can I still get an order against him/her?

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.

Getting the order

Am I eligible for a protection order against stalking and/or threats?

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)

How much does it cost to file for a protection order against stalking and/or threats?

There is no fee to file for a protection order against stalking and/or threats. 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?

How do I renew, change, or dismiss a protection order against stalking and/or threats?

If you want to extend (renew), change (modify), or dismiss (terminate) your protection order against stalking and/or threats, you have to go back to court and file an Application to Modify, Terminate, or Renew the Protection Order. To renew your order, make sure to apply before your current order expires. The judge will likely schedule a hearing where you will have to show the judge there is a good reason (“good cause”) to extend, change, or dismiss your order. The abuser has the right to be present as well.1

If you and the abuser agree to renew, change, or dismiss the order, you can file a written agreement (stipulation) instead of having a hearing.1

1 I.C. § 18-7907(7)

Moving to Another State with an Idaho Protection Order

General rules

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

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. 

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

A protection order is good anywhere in the United States as long as:

  • It was issued to prevent violent or threatening acts, harassing behavior, or sexual violence, or it was issued to prevent another person from coming near you or contacting you;1
  • The judge that gave the order had power (jurisdiction) over the people and case; in other words, the judge had the authority to hear the case; and
  • 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?

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)

Getting your order of protection enforced in another state

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

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)

Do I need a special copy of my protection order to have 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 and usually has some kind of court stamp on it. 

The copy you originally got may or may not have been a certified copy. If you do not have a certified copy, call or go to the court that gave you the order. Ask the clerk’s office for a certified copy. The court may charge you a small fee to get a certified copy of an Idaho protection order.

Note: It is a good idea to always have a copy of the protection order with you. Bring several copies with you when you move. Leave copies at your workplace, at your home, at your children’s school or daycare, in your car, with a trusted neighbor, and so on. Give a copy to the security guard or front desk person if there is one where you live 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 tell you what the advantages and disadvantages are for registering your protection order. S/he may also be able to help you through the process if you decide to register it.

To find a domestic violence advocate or lawyer in the state to which you are moving, go to the Places that Help page and select that state from the drop-down menu.

Enforcing temporary custody provisions in another state

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

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.

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

If your protection order includes custody, visitation, and child support, these parts of the order can be enforced in any state. Law enforcement and courts must enforce your temporary custody order as long as it meets certain federal law standards.1

To have someone read your order and tell you if it meets these standards, contact a lawyer in the new state. To find a lawyer, go to Finding a Lawyer and choose the state from the drop-down menu.

1 18 USC § 2266

Enforcing an Out-of-State Order in Idaho

General rules for out-of-state orders in Idaho

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

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

  • It was issued to prevent violent or threatening acts, harassing behavior, or 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 Idaho?

Generally, only the state that issued your protection order can change, extend, or cancel it. To have your order changed, extended, or canceled, you will likely have to file a motion or petition in the court where the order was issued. You may be able to ask to attend the court hearing by telephone or video rather than in person so that you do not need to return to the state where the abuser lives. Find out if this is possible by calling the clerk of the court that issued your order. To learn more about changing your order, see the Restraining Orders page for the state where your order was issued. To get the information for the court that issued your order, go to Courthouse Locations and choose the state from the drop-down menu.

If your order expires while you are living in Idaho, you may be able to get a new protection order in Idaho. However, this may be difficult to do if no new incidents of abuse have occurred in Idaho. To find out how to get a protection order in Idaho, visit our Idaho Restraining 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?

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.

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.

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.

How do I register my protection order in Idaho?

To register your out-of-state protection order, bring a certified copy of the order to any Idaho court.1 You will also need to give the court an affidavit. This is a sworn statement saying that the order is currently in effect to the best of your knowledge.2 When you register the order, it will be entered into the Idaho enforcement telecommunications system.3  Registering your order in Idaho is free.4 To find courthouses in Idaho, go to our Idaho Courthouses page.

Note: An out-of-state order is also called a “foreign” order.

1 I.C. § 39-6306A(5)(a)
2 I.C. § 39-6306A(5)(b)
3 I.C. §§ 39-6306A(a); 39-6311
4 I.C. § 39-6306A(5)(c)

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

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)

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

The federal Violence Against Women Act (VAWA), which applies to all U.S. states and territories, addresses this issue. VAWA says that the court cannot tell the abuser when you register or file your protective order in a new state unless you specifically request that the abuser be notified.1  However, you may wish to check that the clerk is aware of this law before you register your order. You may want to be especially careful if your address is confidential.

Despite this law, it is still possible that the abuser could somehow find out where you are living. Continue to think about your safety, even if you no longer live in the same state as the abuser. Our Safety Planning page has tips to get you started or build on what you are already doing.  A local domestic violence organization can help you make a safety plan that works for you. To find organizations in your area, go to Idaho Advocates and Shelters.

1 18 USC § 2265(d)

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

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.

Does it cost anything to register my protection order?

There is no cost to register your order in Idaho.1

1 I.C. § 39-6306A(5)(c)