WomensLaw serves and supports all survivors, no matter their sex or gender.

Legal Information: Idaho

Restraining Orders

View all
Laws current as of November 7, 2023

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)