Legal Information: Idaho

Restraining Orders

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September 2, 2022

Step 2: A judge will review your petition and may issue an ex parte order.

After you finish filling out your petition, bring it to the court clerk. The clerk will forward it to a judge. The judge may want to ask you questions as s/he looks over your petition, which is known as an ex parte hearing. This ex parte hearing can take place the day you file your petition or the next business day and it could even take place by phone. The judge will decide whether or not to give you a temporary ex parte protection order, which means that the order is issued without prior notice to the abuser. To give you an ex parte order, the judge must believe that serious or permanent (irreparable) injury could result from domestic violence if an order is not issued immediately. In general, a temporary order lasts for up to 14 days, or until you have a court hearing for a permanent order.1

Even if the judge does not issue you a temporary ex parte order, the judge could still set a hearing date for a permanent order. You will be given papers that tell you when your hearing will be, usually within 14 days.

1 I.C. § 39-6308(1), (2), (4), (5)

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