Resource for a Recourse: Online Resource Center for Survivors of Abuse

IDAHO : Restraining Order & Order of Protection Information

TYPES OF PROTECTIVE ORDERS
BENEFITS
COSTS
VIOLATIONS

In Idaho, domestic violence happens when any of the following things happen:

physical injury
sexual abuse
forced imprisonment
threatening to commit any of the above acts

AND your abuser is:

your family member,
your household member, or
someone who you date or used to date.

You may file for a protection order if you have been abused by:

Your spouse or former spouse
Your parent
Your brother or sister
Your grandparent
Family members related to you by blood, adoption, or marriage
Anyone with whom you have had a child even if you were not married
Anyone you live with or formerly lived with
Anyone you are or were in a dating relationship with

Note: If you are under 18, you can file for a protection order. You can file on your own, or your parent or guardian can file on your behalf. In Idaho, you can apply for a protection order against a current or former same-sex partner.

Types of protective orders:

Temporary Orders

Temporary orders are issued when a person is in immediate danger. You have to go to court to ask for a temporary order. A judge can grant one without your abuser being in court to argue his side of the case. However, temporary orders are granted only if you can prove to the judge - through your story or evidence - that you need a temporary order to prevent immediate harm to you or your family.

A judge will assume that, if you are asking for a temporary or emergency order, you will also want a permanent order.

The order is not enforceable until the abuser is "served" with it. An abuser is served when he has been given paperwork that tells him what your temporary order says and about any upcoming hearings. In general, a temporary order will lasts for 14 days, or until you have a court hearing for a permanent order.

Permanent Orders

"Permanent" orders offer longer-term protection. A judge can only give you a permanent order after a court hearing in which you and the abuser both have a chance to tell your sides of the story.

Even though they are called permanent orders, they don't automatically last forever. A permanent order generally lasts for three months. Judges have been known to grant longer protection orders, but that depends on your case. Generally, you can renew a protection order for one year periods if you can show you still need protection. You may be able to have it renewed without a hearing if your abuser does not object to it.

BACK TO TOP

Benefits:

Protection orders may:

Tell abuser to stop abusive behavior
Forbid the abuser from entering a home he shares with you or from your home
Tell the abuser to seek counseling or treatment
Tell the abuser to stay away from you and not contact you
Tell your abuser to hand over any firearms he has to the authorities and forbid him from buying firearms
Allow you temporary custody of your children
Tell your abuser to pay your attorney's fees

Note: Whether a judge orders any or all of the above depends on the facts of your case.

BACK TO TOP

Costs:

There is no cost to get a protection order.

If your abuser has a lawyer, you should try to get one too. Even if your abuser does not have a lawyer, it may be a good idea to contact a lawyer to make sure that your legal rights are protected. A domestic violence organization in your area may be able to refer you to an attorney or legal aid service who will take your case for free.

BACK TO TOP

Violations:

Call the police, even if you think it is a minor violation. An abuser can be arrested, fined and/or jailed.

It is a good idea to write down the name of the responding officer(s) and their badge number in case you want to follow up on your case.

Make sure a police report is filled out, even if the police do not arrest your abuser. If you have legal documentation of all violations of the order, it can help you change or extend the order.

BACK TO TOP