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Legal Information: Idaho

Restraining Orders

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Laws current as of November 7, 2023

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)