How do protection orders work in Idaho?
How do protection orders work in Idaho?
Under Idaho Code §18-7907, anyone may file a “petition” (request) for a civil protection order in instances of domestic violence or where they feel in danger, harassed, or stalked. The petitioner must be, or have been, in a domestic relationship with the person they are seeking to be protected from.
What is a civil protection order in Idaho?
A protection order is a civil provision with criminal penalties. It can be obtained to restrict or prohibit contact between a victim of abuse and the perpetrator (Idaho Code § 39-6301). A protection order is a document issued by a civil court that orders the person who is abusing or stalking you to stop doing so.
What happens if you violate a no contact order in Idaho?
(3) A violation of a no contact order is punishable by a fine not exceeding one thousand dollars ($1,000) or by imprisonment in the county jail not to exceed one (1) year, or both.
How long do protection orders last in Idaho?
one year
A final protection order can be issued if, after a court hearing in which you and the abuser are both given the opportunity to present evidence, the judge finds that there is an immediate and present danger of domestic violence. The order lasts for up to one year but can be extended.
What happens at a protection order hearing Idaho?
Law enforcement will serve the alleged abuser with the temporary order. A hearing date is automatically set with the issuance of the 14-day order. At the hearing, if the court finds that the petitioner is in danger of continued DV, harassment(s), or stalking, the court will extend the order for up to one (1) year.
How long does a protection order last in Idaho?
How long does a no contact order last in Idaho?
Protective/No Contact Orders
| No Contact Order | Protective Order |
|---|---|
| Only applies to the Defendant | May apply to both parties (both parties are subject to the terms) |
| Duration: Indefinite, but the Judge may put an expiration date on it | 14 days for ex parte, then usually for 90 days |
How do I get a no contact order removed in Idaho?
A protected person named in a no contact order may request modification or termination of that order by filing a written and signed request with the clerk of the court in which the criminal offense is filed. Forms for such a request must be available from the clerk.
