How to Get a Protection Order in Idaho

Step-by-step guidance for Idaho survivors seeking a protection order after domestic violence.

Protection Orders in Idaho: Basic Information

What a Protection Order Is in Idaho

In Idaho, a protection order (often called a civil protection order or CPO) is a court order that tells one person to stop threatening, hurting, or contacting another person. It is a safety-focused order, not a criminal charge by itself, although violating it can lead to criminal consequences.

A protection order can:

• Set rules about contact, distance, and communication
• Address access to a shared home or certain places
• Include temporary rules about children in common
• Place limits on weapons and firearms in some situations

Who May Qualify to File in Idaho

Idaho law focuses on certain relationships and types of harm when deciding who can ask for a protection order. In many cases, a person may file if they have experienced violence, threats, or certain forms of abuse from:

• A current or former spouse
• A current or former dating or intimate partner
• Someone they live with now or lived with in the past
• Someone they share a child with
• Certain family or household members (for example, a parent, child, or other relative in the home)

Idaho also has protection orders for stalking, harassment, or assault, which may apply even if there is no family or dating relationship. The exact options can depend on the situation and the county where a person files.

Where to Get and File Protection Order Forms

Protection order forms in Idaho are usually available for free. Common places to find them include:

• The clerk’s office at your local county courthouse
• Court self-help centers, where available
• Local domestic and sexual violence advocacy programs
• Some legal aid organizations or law school clinics

Many people fill out protection order forms at the courthouse and file them the same day with the clerk. In some areas, advocates can help with paperwork, explain typical questions, and sometimes go with a person to court for support.

Legal aid or low-cost legal services may be able to:

• Explain the general Idaho process for protection orders
• Help organize information for the petition
• Give advice about related family, housing, or immigration questions

Overview of the Idaho Protection Order Process

1. Filing the Petition

The process usually starts with a written request to the court, often called a petition for a protection order. The person asking for protection (the petitioner) describes what has been happening and what protections they are asking the court to put in place.

Many people file this petition in the county where they live, where the other person lives, or where the abuse or incidents happened. The clerk can usually explain which options are allowed in that particular courthouse.

2. Temporary or Emergency Protection

After the petition is filed, a judge may review it the same day or within a short time. The judge may decide to issue a temporary protection order (sometimes called an ex parte order) without first hearing from the other person (the respondent).

Temporary orders are generally short-term. They are meant to provide quick protection until a full hearing can be held. A temporary order may include rules like no contact, stay-away from certain locations, and other immediate safety measures.

3. Serving the Respondent

If the court issues a temporary order and sets a hearing date, the respondent must be formally notified. This step is called service.

In most Idaho cases, law enforcement or another authorized person serves the respondent with:

• A copy of the petition
• The temporary order, if one was issued
• Notice of the hearing date, time, and location

Service is important because the court usually cannot move forward with a long-term order until the respondent has been properly notified.

4. Court Hearing for a Longer Order

The court usually schedules a hearing within a limited time after a temporary order is issued. At the hearing:

• The petitioner can explain their experience and what protections they are requesting.
• The respondent can also speak and share their perspective.
• The judge may ask questions or request more information from either side.

People may choose to come to the hearing with:

• An attorney or legal aid advocate (where available)
• A domestic violence or sexual assault advocate for emotional and practical support
• Relevant documents, such as messages, photos, or police reports, if it feels safe and appropriate to share them

After hearing from both sides (if both appear), the judge decides whether to deny the request, continue the temporary order briefly, or issue a longer protection order with specific conditions.

Common Protections in Idaho Protection Orders

A judge can tailor a protection order to the situation. Not every order includes every possible protection, but typical conditions can include:

• No-contact rules: The respondent may be ordered not to contact the petitioner in any way, including in person, by phone, text, email, social media, or through third parties, except as allowed by the court.
• Stay-away zones: The order may set a specific distance the respondent must keep from the petitioner, their home, workplace, school, or other important locations.
• Residence or housing provisions: The court may address who can remain in a shared home, or may order the respondent to move out, depending on the situation and local practice.
• Temporary child-related terms: The order can sometimes include short-term arrangements for parental contact, temporary custody, or supervised visitation, often until a separate family court order can be put in place.
• Firearms and weapons limits: In some cases, Idaho protection orders may require the respondent to surrender firearms or not possess firearms or other weapons, for the duration of the order or as stated by the court.

How Long Idaho Protection Orders May Last

Time limits for Idaho protection orders depend on the type of order and what the judge decides. In general:

• Temporary or emergency orders tend to be short and last only until the scheduled court hearing.
• Longer protection orders can last significantly longer, sometimes many months or more, depending on the circumstances and type of order.
• In some cases, a person may be able to ask the court to extend or renew an order before it expires, if safety concerns continue.

The exact timelines and renewal rules can change over time, and may vary based on the court and the specific kind of protection order involved.

Support, Advocacy, and Legal Help in Idaho

People seeking a protection order in Idaho often find it helpful to connect with local support. Possible resources include:

• Domestic and sexual violence programs: Advocates can help explain options, assist with forms, provide safety planning, and sometimes accompany a person to court.
• Legal aid organizations: These programs may offer free or low-cost legal information or representation to people with low income who qualify.
• Court self-help centers: Some Idaho courts have staff or materials that explain procedures and provide blank forms and general information.
• Private attorneys: Some lawyers provide paid consultations or representation for protection order cases and related family law matters.

Additional support options and referral information across the United States can be found through resources listed at DV.Support.

Staying Informed About Current Idaho Procedures

Idaho’s rules and forms for protection orders may change over time. Each courthouse can also have its own local procedures, schedules, and requirements.

To get the most accurate and current information for your situation, consider:

• Contacting the clerk’s office in the Idaho county where you plan to file
• Speaking with an Idaho legal aid program or private attorney
• Reaching out to a local domestic violence or sexual assault advocacy organization