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Legal Information: Idaho

Statutes: Idaho

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Updated: 
October 10, 2019

18-7908. Ex parte temporary protection order

(1) Where a verified petition for a protection order under this chapter seeks an ex parte temporary protection order, such an ex parte temporary protection order may be granted to the petitioner if the court finds that present harm could result if an order is not immediately issued without prior notice to the respondent and that the respondent has intentionally engaged in the conduct described in section 18-7907(1), Idaho Code.

(2) The court may grant an ex parte temporary protection order based upon the verified petition submitted and set the matter for a full hearing under section 18-7907, Idaho Code. If the court does not grant an ex parte temporary protection order based upon the petition, the court may hold an ex parte hearing on the day a petition is filed or on the following judicial day to determine whether the court should grant an ex parte temporary protection order and set the matter for a full hearing under section 18-7907, Idaho Code, dismiss the verified petition, or deny the ex parte temporary protection order and set the matter for a full hearing under section 18-7907, Idaho Code. An ex parte temporary protection order may grant the same relief as specified in section 18-7907(4), Idaho Code.

(3) An ex parte hearing to consider the issuance of an ex parte temporary protection order may be conducted by telephone or other electronic means in accordance with any procedures authorized by the Idaho supreme court.

(4) An ex parte temporary protection order shall be effective for a fixed period not to exceed fourteen (14) days but may be reissued for good cause shown. A full hearing, as provided in this chapter, shall be set for not later than fourteen (14) days from the issuance of the ex parte temporary protection order. Motions seeking an order shortening the time period must be served upon the petitioner at least two (2) days prior to the hearing on the motion.

(5) Except as otherwise provided in this section, the provisions of section 18-7907, Idaho Code, are applicable to a petition for protective order seeking an ex parte temporary protection order and to any ex parte temporary restraining order issued pursuant to this section.