Legal Information: Idaho

Restraining Orders

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Updated: 
November 8, 2018

What protections can I get in a protection order?

A temporary ex parte protection order can do any of the following:

  • order the abuser to not commit acts of domestic violence;
  • remove the abuser from a home s/he shares with you or from your home;
  • order the abuser to not interfere with your custody of the children and/or not remove your children from the state;
  • order the abuser to not contact, bother, interfere with, or threaten minor children in your custody - and keep the abuser away from any residence or location to accomplish this;
  • allow the respondent to take only personal clothing and toiletries and any other items specifically ordered by the court but nothing else; and
  • order other relief that the judge believes is necessary for your protection or the protection of your family or household member(s), including orders or directives to a peace officer.1

A final protection order can do any of the following:

  • order the abuser to not commit acts of domestic violence;
  • remove the abuser from a home s/he shares with you or from your home;
  • grant you temporary custody of your children for up to 3 months if you can show that there is an immediate and present danger of domestic violence to you;
  • order the abuser to not contact, bother, interfere with, or threaten minor children in your custody - and keep the abuser away from any residence or location accomplish this;
  • order the abuser to stay at least 1,500 feet (or another appropriate distance) away from you, your home, your school, your workplace, or any specific place where you, your children, or another family/household member frequently go;
  • order other relief that the judge believes is necessary for your protection or the protection of your family or household member(s), including orders or directives to a peace officer;
  • order the abuser to get counseling or treatment;
  • order the abuser to pay your attorney's fees and costs;2 and
  • order your wireless telephone service provider to transfer any wireless phone numbers used by you and your children over to you (along with the billing responsibility) when the abuser is the current account holder. (Note: The judge would do this in a separate order directed to the wireless telephone service provider but you can request this in your protection order petition).3

1 I.C § 39-6308(1)
2 I.C. § 39-6306(1)
3 I.C. § 39-6318(1), (2)(a)