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Legal Information: Idaho

Restraining Orders

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Updated: 
November 8, 2018

Can the abuser have a gun?

Once you get a protection order, there may be laws that prohibit the respondent from having a gun in his/her possession.  There are a few places where you can find this information:

  • first, read the questions on this page to see if judges in Idaho have to power to remove guns as part of a temporary or final order;
  • second, go to our State Gun Laws section to read about your state’s specific gun-related laws; and
  • third you can read our Federal Gun Laws section to understand the federal laws that apply to all states.

You can read more about keeping an abuser from accessing 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 leaving the courthouse. You will have to evaluate each one and decide if it is safe and appropriate for you to do it.

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

You may also wish to make a safety plan. People can do a number of 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 batterers obey protective orders, but some do not and it is important to build on the things you have already been doing to keep yourself safe. Go to our Safety Tips 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 punishable by up to one year in jail and a fine up to $5,000.1

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

1 I.C. § 39-6312

How do I change or extend the protection order?

If you want to extend (renew), change (modify), or terminate your order, you have to return to court to file an application for renewal, modification, or termination.

If you are filing to renew your order, you should file this application before your first order expires. If you show "good cause" to the judge as to why the order should be renewed, the judge can renew the order for an "appropriate" time period as directed by the judge or the order can be made permanent with no end date.If the abuser objects to the order being renewed, there will be a hearing where the abuser can be present and you will have to prove to the judge why you need the order renewed. The abuser will have the chance to object to the order being renewed and present his/her own evidence. If the abuser does not object to the renewal once s/he receives notice of the hearing, then it's possible that the order can be renewed 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. Federal law provides what is called "full faith and credit," which means that once you have a criminal or civil protection order, it is valid wherever you go, including U.S. territories and tribal lands.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 (1-800-903-0111 x 2) for information on enforcing an out-of-state order.

1 18 U.S.C. §§ 2265; 2266