Selected State Statutes: Idaho

Statutes: Idaho

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18-7907. Action for protection

(1) There shall exist an action known as a “petition for a protection order” in cases where conduct constitutes malicious harassment as described in section 18-7902, Idaho Code, stalking in any degree as described in section 18-7905 or 18-7906, Idaho Code, or telephone harassment as described in section 18-6710, Idaho Code.

(2) A person may seek relief from such conduct for himself, his children or his ward by filing a petition for a protection order based on a sworn affidavit with the magistrates division of the district court, alleging specific facts that a person for whom protection is sought was the victim of such conduct within the ninety (90) days immediately preceding the filing of the petition and that such conduct is likely to occur in the future thereby causing irreparable injury. Evidence of such conduct occurring prior to such ninety (90) day period shall be admissible to show that conduct committed within the ninety (90) day period is part of a course or pattern of conduct constituting malicious harassment, stalking or telephone harassment, and admissible as otherwise permitted in accordance with court rule and decisional law.

(3) Upon the filing of a petition based upon a sworn affidavit for a protection order, the court shall hold a hearing within fourteen (14) days to determine whether the relief sought shall be granted. If either party is represented by counsel at such hearing, the court shall grant a request for a continuance of the proceedings so that counsel may be obtained by the other party. Such order may require either the petitioner or respondent, or both, to pay for costs, including reasonable attorney's fees.

(4) Upon a showing by a preponderance of the evidence that a person for whom protection is sought in the petition was the victim of conduct committed by the respondent that constitutes malicious harassment as described in section 18-7902, Idaho Code, stalking in any degree as described in section 18-7905 or 18-7906, Idaho Code, or telephone harassment as described in section 18-6710, Idaho Code, within ninety (90) days immediately preceding the filing of the petition, and that such conduct is likely to occur in the future thereby causing irreparable injury to such person, the court may issue a protection order for a period not to exceed one (1) year. Such protection order may:

(a) Direct the respondent to refrain from conduct that constitutes malicious harassment as described in section 18-7902, Idaho Code, stalking in any degree as described in section 18-7905 or 18-7906, Idaho Code, or telephone harassment as described in section 18-6710, Idaho Code;

(b) Order the respondent to refrain from contacting the petitioner or any other person for whom the petition sought protection; and

(c) Grant such other relief and impose such other restrictions as the court deems proper, that may include a requirement that the respondent not knowingly remain within a certain distance of the protected person, which distance restriction may not exceed one thousand five hundred (1,500) feet.

(5) The petition and the court's protection order shall be served on the respondent in the manner provided in section 39-6310, Idaho Code.

(6)(a) Notice of a protection order shall be forwarded by the clerk of the court, on or before the next judicial day, to the appropriate law enforcement agency.

(b) Upon receipt of such notice, the law enforcement agency shall forthwith enter the order into the Idaho law enforcement telecommunications system available in this state used by law enforcement agencies to list outstanding warrants. Entry into the Idaho law enforcement telecommunications system constitutes notice to all law enforcement agencies of the existence of the order. The order is fully enforceable in any county in the state.

(c) Law enforcement agencies shall establish procedures reasonably adequate to assure that an officer approaching or actually at the scene of an incident may be informed of the existence of such protection order.

(7) Following a hearing, and for good cause shown, the court's protection order may be renewed in increments not to exceed one (1) year or may be modified or rescinded at any time if the court finds it appropriate to do so.

(8) Whenever a protection order, or an ex parte temporary protection order issued pursuant to this chapter is granted and the respondent or person to be restrained was served a copy of the order in the manner provided in section 39-6310, Idaho Code, a violation of the provisions of the order shall be a misdemeanor punishable by not to exceed one (1) year in jail and a fine not to exceed five thousand dollars ($5,000). A peace officer may arrest without a warrant and take into custody a person who the peace officer has probable cause to believe has violated such order.

(9) A petition shall be filed in the county of the respondent's residence, the petitioner's residence or where the petitioner is temporarily residing.

(10) A person may file a single petition seeking relief pursuant to this chapter and section 39-6304, Idaho Code. Such petition shall separately set forth the matters pertaining to each such provision of law. All procedural and substantive requirements governing petitions for domestic violence protection orders under chapter 63, title 39, Idaho Code, shall apply with respect to the issuance of such domestic violence protection orders.

(11) As used in this section:

(a) “Contact” means any actual physical contact; contact or attempted contact, directly or indirectly, by telephone, pager, e-mail, facsimile or other oral, written or electronic means of communication; and

(b) “Irreparable injury” includes, but is not limited to, situations in which the respondent has or is likely to threaten or commit bodily injury or has or is likely to engage in acts constituting malicious harassment as described in section 18-7902, Idaho Code, stalking in any degree as described in section 18-7905 or 18-7906, Idaho Code, or telephone harassment as described in section 18-6710, Idaho Code, against any person for whom protection is sought in the petition.

(12) Any hearing conducted pursuant to the provisions of this section may be conducted by telephone or other electronic means in accordance with any procedures authorized by the Idaho supreme court.