Protective Orders
Idaho Code § 39-6304 and Idaho Code § 39-6308 — a petition on a sworn affidavit, an ex parte order the same day, and a hearing within fourteen days
A person may petition the magistrates division of the district court for a protection order on a sworn affidavit saying that the person, or a family or household member, adult or child, is a victim of domestic violence. Having left the home to avoid abuse does not take away the right to petition.
The same day, or the next. Where immediate harm is alleged, the court holds an ex parte hearing on the day the petition is filed or the next judicial day, and may do so by telephone. An ex parte temporary order lasts no more than fourteen days, may be reissued, and a full hearing is set within fourteen days of it.
After the full hearing, on a showing of immediate and present danger, the order may last up to one year. It may award temporary custody, forbid acts of domestic violence, exclude the respondent from the shared home or the petitioner's residence, and order counseling.
A violation is a crime. Once the respondent has notice of the order, violating it is a misdemeanor carrying up to a year in jail and a fine of up to $5,000. An officer with probable cause may arrest for a violation without a warrant.
The petition discloses any custody, divorce, child protection or adoption case between the parties. A particular petition is a question for the court clerk, a victim advocate or a licensed Idaho attorney.
Sources for this section (4)
- Idaho Code § 39-6304 — Action for protection
- Idaho Code § 39-6306 — Hearing on petition for protection order — Relief provided and realignment of designation of parties
- Idaho Code § 39-6308 — Ex parte temporary protection order
- Idaho Code § 39-6312 — Violation of order — Penalties
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Idaho attorney.