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Legal Information: Idaho

Restraining Orders

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October 10, 2019

What kinds of protection orders against malicious harassment, stalking, and telephone harassment are there? How long do they last?

There are two types of harassment protection orders: an ex parte temporary order and a final protection order.

Ex parte temporary orders: A judge can grant this type of order without the abuser having notice of the case beforehand if the judge believes that:

  1. harm could result if an order is not immediately issued without prior notice to the respondent; and
  2. the respondent has intentionally committed stalking, malicious harassment, or telephone harassment.1

An ex parte temporary order will last up to 14 days, and your hearing for a final order will be scheduled to take place within those 14 days. The ex parte order can also be reissued if the judge decides there is good cause to do so. If the abuser wants the judge to shorten the time period before the order expires, s/he must file a motion with the judge and you must be served with that motion two days before any hearing on the motion.2

Final protection orders: A final protection order can be issued for up to one year only after a court hearing in which you and the harasser both have a chance to present evidence, testimony, and witnesses but it can be renewed for good cause.3 To grant you the final order, the judge must believe that you were the victim of malicious harassment, stalking, or telephone harassment within the 90 days before you filed your petition and it is likely that such behavior would happen in the future.4

1 I.C. § 18-7908(1)
2 I.C. § 18-7908(4)
3 I.C. § 18-7907(7)
4 I.C. § 18-7907(4)