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Legal Information: Idaho

Restraining Orders

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November 7, 2023

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)