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Legal Information: Idaho

Restraining Orders

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Laws current as of November 7, 2023

Step 1: Go to court to file your petition.

To start your case, you will file a Sworn Petition for Protection Order. You will also need to complete the Law Enforcement Service Information Sheet and the Family Law Case Information Sheet. If you want to transfer over your or your child’s wireless phone number from an account owned by the abuser, you will also need to complete a Request For Transfer Of Wireless Telephone Service form.1

You can file in the magistrate division of the district court in the county where you live, temporarily or permanently, or where the abuser lives.1 Find the address for the district court near you by going to our Idaho Courthouse Locations page. You can get the necessary forms from the court clerk or by downloading them from the court website. You can also find links to the online forms by going to our Idaho Download Court Forms page.

When you fill out the forms, you will be called the “petitioner” and the abuser will be called the “respondent.” When you write about the violent acts, use descriptive language to say what the abuser did to you. Here are just some examples of descriptive words: slap, hit, grab, choke, threaten, etc. Be as specific as you can. Include details about when and where the abuse happened, the fear or pain you felt, and any injuries you had.

A domestic violence organization may be able to help you fill out the forms. Go to Idaho Advocates and Shelters to find an organization near you.

Remember to bring some form of identification, like your driver’s license or another ID that has your picture. Do not sign the petition until you have shown it to a clerk. It may need to be notarized or signed in front of court staff.

Note: Idaho has Court Assistance Offices (CAOs) that provide various public services. They can:

  • review court forms and documents before you file them;
  • answer general questions about forms and documents;
  • help you calculate child support or complete a parenting plan;
  • let you use a computer to fill out interactive forms or do legal research on the law library website;
  • show you instructional videos, brochures, and pamphlets about the court system, family law, and domestic violence.

To find your local office, click here.

1 See the protection order forms on the court website.
2 I.C. § 39-6304(2), (6)