Idaho can be the perfect place to fall in love, whether your relationship starts in downtown Boise or atop Borah Peak. And while some romances can survive some ups and downs, not every Gem State romance is written in stone.
If your fairy tale relationship had a scary ending, possibly with violence or the threat of violence, you may be wondering how to the law can protect you from a dangerous ex. Here are the basics of protective orders laws in Idaho.
Protective Orders Laws
Generally known as "restraining orders," protective orders are judicial orders requiring the person named in the document to remain a certain distance away from the person seeking the order. Protective orders are most often requested by abused spouses and exes, although children and stalking victims may also use them to keep an abuser away.
Protective Orders Laws in Idaho
The chart below highlights Idaho’s protective orders statutes.
| Code Section | Idaho Statutes 39-6301, et seq.: Domestic Violence Crime Prevention |
| Activity Addressed by Order | Enjoin contact; exclude from dwelling; regarding minor children: grant temporary custody; pay court costs and attorney's fees; counseling |
| Duration of Order | Maximum 3 months unless renewed, maximum 1 year. Ex parte temporary protective order: maximum 14 days, can be reissued |
| Penalty for a Violation of Order | Misdemeanor: maximum 1 year jail and fine, maximum $5,000 |
| Who May Apply for Order | Family or household member, even if person has left dwelling to avoid abuse. Custodial or noncustodial parent or guardian may file for minor. |
| Can Fees Be Waived? | Yes, court may order respondent to reimburse petitioner court fees |
| Order Transmission to Law Enforcement | On or before next judicial day |
| Civil Liability for Violation of Order | - |
Protective orders aren’t perfect, but they can provide victims of domestic violence and other abuse with criminal recourse if an abuser does not obey an order. And protective orders remain in place and enforceable nationwide: federal protection order law requires Idaho to honor and enforce valid protection orders issued by another state, and vice versa.
More Resources for Protective Orders Laws in Idaho
Domestic violence and abuse is scary. And obtaining and enforcing a protective order can be emotionally and legally confusing. FindLaw’s section on Orders of Protection and Restraining Orders can provide you with further articles and information on this topic. If you would like legal assistance with a domestic violence or protective order matter, you can consult with an experienced Idaho domestic violence attorney in your area.
