Feeling safe is a fundamental need, and when that is compromised by a family or household member, the legal system offers a path to establish safety and boundaries. Securing a protection order can help you regain a sense of security for you and your family. The process has specific steps and requirements, and speaking with a lawyer for high conflict family situations can help you understand what to expect as you move forward. It is an effective safety measure for individuals and their children who are facing threats or harm.
Contact Us Today For A Consultation
Key Takeaways about How to Get a Protection Order in Idaho
- A person can seek a protection order in Idaho if they have experienced domestic violence from a family or household member.
- The process begins by filing a Petition for a Protection Order at the local county courthouse.
- A judge can issue a Temporary Protection Order (TPO) immediately and without the other person present if there is a clear and present danger.
- A full court hearing is scheduled within 14 days of the TPO, where both parties can present their case before a judge decides on a long-term order.
- A final Civil Protection Order can last for up to one year and may include provisions for temporary child custody and no-contact rules.
- Violating a protection order is a criminal offense in Idaho with serious consequences.
Understanding What a Protection Order Does in Idaho
A Civil Protection Order is a legal tool issued by a judge to protect someone from domestic violence. In Idaho, domestic violence is defined to include physical injury, sexual abuse, forced imprisonment, or the threat of any of these acts between family or household members. It’s not just a piece of paper; it’s a legally enforceable court order with real consequences for violations.
When a judge grants a protection order, they can mandate several specific conditions to keep you safe. The person the order is against, known as the “Respondent,” can be legally required to follow these rules.
A judge can order the Respondent to:
- Stop all contact with you and your children, including in person, by phone, text, email, or through other people.
- Stay away from your home, workplace, and your children’s school or daycare.
- Temporarily move out of a shared residence, even if their name is on the lease or title.
- Follow a temporary child custody and visitation schedule that prioritizes the children’s safety.
These court-ordered conditions provide a clear set of boundaries that are enforced by law enforcement, adding a significant layer of security while you address your family situation.
The Process for Getting a Protection Order in Idaho
The path to obtaining a protection order follows a structured legal process. While the details can vary slightly depending on your location, the core steps are consistent throughout the state. The process is laid out in the Idaho Code Title 39, Chapter 63, which governs domestic violence protection orders.
Step 1: Filing the Petition
The first step is to complete and file a “Petition for a Protection Order.” This is the official document where you, the “Petitioner,” explain to the court why you need protection. You will need to provide specific details about the incidents of domestic violence, including dates, locations, and descriptions of what happened. It is important to be as factual and detailed as possible.
You file this petition at the magistrate court in the county where you live, where the Respondent lives, or where the abuse occurred. There is no fee to file for a protection order in Idaho.
Step 2: The Temporary Protection Order
After you file the petition, a judge will review it, often on the same day. If the judge finds that there is an “immediate and present danger” of domestic violence, they can issue an ex parte Temporary Protection Order (TPO). Ex parte is a legal term that means the decision is made without the other party being present or notified.
A TPO provides immediate protection and goes into effect as soon as it is served to the Respondent by a law enforcement officer. This temporary order typically lasts for 14 days, which is the time leading up to the full court hearing.
Step 3: The Full Court Hearing
The court will schedule a full hearing within 14 days of issuing the TPO. The Respondent must be formally served with the TPO and the notice of the hearing so they have an opportunity to appear in court. At this hearing, both you and the Respondent have the chance to present your cases to the judge.
You can support your case with:
- Your own testimony: You will tell the judge, under oath, what has happened.
- Witnesses: Other people who have seen the abuse or its effects can testify.
- Evidence: This can include photos of injuries, threatening text messages or emails, police reports, or medical records.
After hearing from both sides, the judge will decide whether there is enough evidence to grant a full Civil Protection Order. This order can last for up to one year and can be extended if necessary.
This hearing is a critical moment in the process, and having a clear presentation of your situation is very important for the outcome.
What Happens After a Protection Order is Granted?
Once a judge signs a final Civil Protection Order, it is a legally binding document. The Respondent must follow all its conditions. If they violate any part of the order—for example, by contacting you or coming to your home—it is a criminal offense. You should immediately call the police if a violation occurs. A violation can lead to the Respondent’s arrest and criminal charges, which is a separate process from the family law case.
It is also wise to keep a certified copy of your protection order with you at all times. You can provide copies to your employer and your children’s school, so they are aware of the situation and can help enforce the no-contact rules. Having a protection order in place can be a powerful resource as you take steps toward a safer future.
Getting a Protection Order in Idaho FAQs
Here are some common questions people have about the process of obtaining a protection order in Idaho.
Who can I get a protection order against?
In Idaho, you can seek a protection order against a family or household member who has committed an act of domestic violence against you. This includes a current or former spouse, someone you live with or used to live with, a person you have a child with, or someone you are related to by blood or marriage.
Does a protection order show up on a background check?
A Civil Protection Order is a civil court record and may appear on certain in-depth background checks. However, if the Respondent violates the order, the resulting criminal charges and convictions will almost certainly appear on standard criminal background checks.
Can a protection order decide permanent child custody?
No, a protection order can only grant temporary custody of minor children as a safety measure. Permanent custody arrangements must be established through a separate divorce or child custody case. The findings from a protection order hearing can, however, be considered by the court in the main custody case.
What if the other person and I own a home together?
A judge can order the Respondent to move out of a shared home for the duration of the protection order, regardless of who owns the property. This is called “exclusive use” of the residence and is intended to ensure your immediate safety. Long-term decisions about property are handled in a divorce or legal separation case.
What if I need to change the protection order?
If circumstances change, you can file a motion with the court to modify or terminate the protection order. For example, you might need to change the terms to allow for communication about children through a secure messaging app. The Respondent can also file a motion to modify or terminate the order, but a judge will only grant it if there is a significant change in circumstances.
Contact Our Family Law Attorneys
Securing a protection order is an important step in protecting your well-being and that of your children. The legal process has many requirements, and presenting your case effectively at the full hearing is crucial. An experienced family law attorney can guide you through each step, help you gather and present your evidence, and advocate for the protections you need.
The team at Crouse Erickson is dedicated to helping clients in Coeur d’Alene and Spokane with their most sensitive family law matters. We understand the local court systems and are committed to providing thoughtful and diligent representation.
If you are considering a protection order or have questions about your family law options, please contact our Coeur d’Alene office at (208) 618-8910 or fill out our online form to schedule a consultation.
