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Legal Information: Idaho

Restraining Orders

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Updated: 
November 7, 2023

Am I eligible for a protection order against stalking and/or threats?

You can file for a protection order against stalking and/or threats if you or your children experienced stalking, malicious harassment, or telephone harassment within the past 90 days before filing your petition. You do not have to have a specific relationship with the abuser.1

1 I.C. §§ 18-7907(2); 18-7907(4)

How much does it cost to file for a protection order against stalking and/or threats?

There is no fee to file for a protection order against stalking and/or threats. You also cannot be charged a fee for having the order served.1

1 I.C. § 18-7909

What are the steps for getting an order?

The steps for getting a harassment protection order are similar to the steps to get a protection order for domestic violence.  If you would like to have a lawyer help or represent you, go to our Idaho Finding a Lawyer page for legal referrals. 

How do I renew, change, or dismiss a protection order against stalking and/or threats?

If you want to extend (renew), change (modify), or dismiss (terminate) your protection order against stalking and/or threats, you have to go back to court and file an Application to Modify, Terminate, or Renew the Protection Order. To renew your order, make sure to apply before your current order expires. The judge will likely schedule a hearing where you will have to show the judge there is a good reason (“good cause”) to extend, change, or dismiss your order. The abuser has the right to be present as well.1

If you and the abuser agree to renew, change, or dismiss the order, you can file a written agreement (stipulation) instead of having a hearing.1

1 I.C. § 18-7907(7)