Restraining Orders

In Idaho, there are two types of protection orders for domestic violence victims:

1. temporary ex parte orders; and
2. final protection orders.

A temporary ex parte order can be issued on the day that you file your petition, or on the next day, if the judge believes that serious or permanent (irreparable) injury could result from domestic violence if an order is not issued immediately without prior notice to the abuser. For example, the judge will consider if the abuser has recently threatened you with bodily injury or has committed an act of domestic violence against you. In general, a temporary order lasts for up to 14 days, or until you have a court hearing for a permanent order. If the ex parte order substantially affects the abuser’s rights to enter the home or his/her right to custody or visitation, the abuser can ask the court to hold the hearing sooner than 14 days.¹

A final protection order can be issued if, after a court hearing in which you and the abuser are both given the opportunity to present evidence, the judge finds that there is an immediate and present danger of domestic violence. The order lasts for up to one year but can be extended.² For more information, see How do I change or extend the protection order?

¹ I.C. § 39-6308(1), (3), (4), (5)
² I.C. § 39-6306(1), (5)