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Legal Information: Idaho

Restraining Orders

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Laws current as of
November 7, 2023

Step 2: A judge will review your petition and may issue an ex parte order.

After you fill out your petition, bring it to the court clerk. The clerk will give it to a judge. The judge may want to ask you questions as s/he reads your petition. This is called an ex parte hearing. Ex parte means the abuser is not there and does not know about the order in advance. The ex parte hearing can take place the day you file your petition or the next business day. It may even take place by phone.

To give you an ex parte order, the judge must believe that you need the order immediately to prevent serious or permanent (irreparable) injury from domestic violence.

If you get a temporary order, it will usually last for up to 14 days or until you have a court hearing.1 Even if you do not get a temporary order, the judge could still set a hearing date for a final order. You will get papers that tell you when the hearing will be.

1 I.C. § 39-6308(1), (2), (4), (5)