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

Can the abuser have a gun?

Once you get a protection order, laws may forbid the respondent from having a gun. There are a few places where you can find this information:

  1. Read the questions on this page to see if judges in Idaho can remove guns as part of a temporary or final protection order.
  2. Go to our State Gun Laws section to see who can and cannot legally have guns in Idaho; and
  3. Read our Federal Gun Laws section to learn about the federal gun laws that apply to all states.

You can learn more about keeping an abuser from having guns on the National Domestic Violence and Firearms Resource Center’s website

What should I do when I leave the courthouse?

Here are some things that you may want to consider when you leave the courthouse. You will have to evaluate each one and decide if it is safe and appropriate for you to do.

  • Review the order before you leave the courthouse. If you see any errors, ask the clerk how to correct them.
  • Make several copies of the protection order as soon as possible.
  • Keep a copy of the protection order with you at all times.
  • Leave copies at your workplace, at your home, at your children’s school or daycare, in your car, with a trusted neighbor, and so on.
  • If you have a security guard or front desk person where you live or work, give him/her a copy of the order and a photo of the abuser.
  • Give a copy of the order to anyone who is named in and protected by the order.
  • You may want to change your locks and phone number.

You may also want to make a safety plan. People can do things to increase their safety during violent incidents; when preparing to leave an abusive relationship; and when they are at home, work, and school. Many abusers obey protective orders, but some do not. So, it is important to build on the things you have already been doing to keep yourself safe. Go to our Safety Planning page for suggestions.

What can I do if the abuser violates the order?

You can call the police or sheriff, even if you think it is a minor violation. A violation of a protection order can be a misdemeanor crime punishable by up to one year in jail and a fine of up to $5,000.1

Make sure the police fill out a report even if they do not arrest the abuser. It is a good idea to write down the names and badge numbers of the responding officers in case you want to follow up on your case.

1 I.C. § 39-6312

How do I renew, change, or dismiss the protection order?

If you want to extend (renew), change (modify), or dismiss (terminate) your order, you have to go back to court and file an Application to Modify, Terminate, or Renew the Protection Order. The judge will likely schedule a hearing where you will explain your reasons for your request. The abuser has the right to be present as well.

To renew your order, make sure to apply before your current order expires. You will have to show the judge there is a good reason (“good cause”) to renew your order. Then, if the judge agrees, s/he can extend your order for an “appropriate” length of time or make it permanent with no end date.

If the abuser objects to the renewal, there will be a hearing. At the hearing, you will have to prove to the judge why you need the order renewed. The abuser will have the chance to oppose the renewal and present his/her evidence. If the abuser does not object to the renewal after getting notice of the hearing, then the judge may renew your order without a hearing.1

1 I.C. § 39-6306(5)

What happens if I move? Is my order still effective?

Your protection order is automatically good throughout Idaho as well as in other states, U.S. territories, and tribal lands. Federal law provides what is called “full faith and credit.” This means that once you have a criminal or civil protection order, it is valid wherever you go in the U.S.1 

Different states may have different rules for enforcing out-of-state protection orders. You may want to talk to a local domestic violence program in the state where you will be living for more information.

You may also call the National Center on Protection Orders and Full Faith & Credit for information on enforcing an out-of-state order. Call 1-800-903-0111, ext. 2.

Note: There are special rules about military protective orders (MPO). If you have an MPO and are moving off the installation, please see our Military Protective Orders page.

1 18 U.S.C. §§ 2265; 2266

If I get a protection order, will it show up in an internet search?

According to federal law, which applies to all states, territories, and tribal lands, the courts are not supposed to make available publicly on the internet any information that would be likely to reveal your identity or location. This applies to all of these documents:

  • the petition you file;
  • any protection order, restraining order, or injunction you get; and
  • the registration of your order in a different state.1

1 18 USC § 2265(d)(3)