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Legal Information: Idaho

Restraining Orders

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Laws current as of November 7, 2023

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.