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 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)