How to Get a Restraining Order in Idaho
In Idaho these are called Civil Protection Order (domestic violence). A protective order is a court order that tells someone to stop abusing, threatening, stalking or contacting you. Here is how to ask for one, what happens next, and where to get free help — each rule linked to the statute or official court page.
Quick answers for Idaho
- Cost
- No filing fee, service fee, hearing fee or bond is charged for a petition seeking only protection-order relief. Idaho Code § 39-6305
- Emergency / temporary orders
- If irreparable injury could result, the court can grant an ex parte temporary protection order based on your affidavit, or hold an ex parte hearing (which can be by phone) the day you file or the next court day. Idaho Code § 39-6308
- How long an order lasts
- Relief lasts a fixed period up to one year. On motion and good cause, the court can continue the order for an appropriate time or make it permanent. A renewal motion can be granted without a hearing if not timely objected to. Idaho Code § 39-6306(5)
- Where to ask
- File a petition with a sworn affidavit in the magistrates division of district court in the county where the respondent lives, where you live, or where you are temporarily staying. Idaho Code § 39-6304(2),(3),(6); Idaho Court Assistance Office
Last verified: 2026-10-25
Safety first
- If you are in immediate danger, call 911.
- You can talk to a trained advocate any time, for free and confidentially, through the National Domestic Violence Hotline.
- Advocates can help you make a safety plan and fill out the court forms. Many courts have advocates on site.
- Keep copies of the order with you. Give copies to people who need to know, such as your workplace or your child's school.
Getting an order
| Types of orders | Civil protection orders for domestic violence, including ex parte temporary protection orders and orders after a full hearing. Separate protection-order processes exist for stalking and sexual assault (see the courts' handbooks), and criminal no-contact orders are issued in criminal cases. |
|---|---|
| Who can ask for an order | A person who is (or whose family or household member is) a victim of domestic violence: physical injury, sexual abuse, forced imprisonment, or threats of these. Covered relationships: spouses and former spouses; people related by blood, adoption or marriage; people who live or lived together; people with a child in common; and current or former dating partners (including dating relationships involving a minor). |
| Where to ask | File a petition with a sworn affidavit in the magistrates division of district court in the county where the respondent lives, where you live, or where you are temporarily staying. Leaving home to avoid abuse does not affect your right to file. You can also file online using the courts' Guide and File questionnaire. |
| Cost | No filing fee, service fee, hearing fee or bond is charged for a petition seeking only protection-order relief. Source: Idaho Code § 39-6305 |
Emergency orders and the hearing
| Emergency / temporary orders | If irreparable injury could result, the court can grant an ex parte temporary protection order based on your affidavit, or hold an ex parte hearing (which can be by phone) the day you file or the next court day. It lasts up to 14 days and can be reissued. Source: Idaho Code § 39-6308 |
|---|---|
| Serving the order | A peace officer where the respondent lives serves the order and petition personally, unless you choose private service at your own expense. Protection-order service takes priority over other papers. Source: Idaho Code § 39-6310(1)–(3) |
| The court hearing | A full hearing is held within 14 days of filing (and no later than 14 days after any temporary order). If one side has a lawyer, the other can ask for a continuance to get one. |
| How long an order lasts | Relief lasts a fixed period up to one year. On motion and good cause, the court can continue the order for an appropriate time or make it permanent. A renewal motion can be granted without a hearing if not timely objected to. Source: Idaho Code § 39-6306(5) |
What the order does
| What an order can require | The court can order the respondent not to commit domestic violence; exclude them from a shared home or your residence; award temporary custody; order counseling or batterer treatment; prohibit harassing, calling or contacting you and designated family members; keep them 1,500 feet (or another distance) from you, your home, school or work; have police help you get possession of the home; order them to pay service fees, costs and attorney's fees; and grant other relief needed for protection. You can also request transfer of wireless phone service. |
|---|---|
| If the order is violated | If the respondent had notice of the order, violating it is a misdemeanor punishable by up to one year in jail and a fine up to $5,000. Police may arrest without a warrant on probable cause. Source: Idaho Code § 39-6312 |
Children and privacy
| Minors and children | A custodial or noncustodial parent or guardian can file on behalf of a minor child who is a victim of domestic violence. Relief cannot be denied because a party was a minor at the time. |
|---|---|
| Keeping your address private | Idaho's Address Confidentiality Program, run by the Secretary of State, lets victims of domestic violence, sexual assault, stalking, human trafficking or malicious harassment use a substitute mailing address designated by the Secretary of State. Source: Idaho Code § 19-5701 et seq. |
Forms and help in Idaho
- Idaho courts: protective order help
- Official Idaho protective order forms
- Idaho Council on Domestic Violence and Victim Assistance (state agency) — 208-332-1540 (office)
- Free legal aid in Idaho
Idaho protective order FAQ
What kinds of protective orders are available in Idaho?
Civil protection orders for domestic violence, including ex parte temporary protection orders and orders after a full hearing. Separate protection-order processes exist for stalking and sexual assault (see the courts' handbooks), and criminal no-contact orders are issued in criminal cases.
Who can get a restraining order in Idaho?
A person who is (or whose family or household member is) a victim of domestic violence: physical injury, sexual abuse, forced imprisonment, or threats of these. Covered relationships: spouses and former spouses; people related by blood, adoption or marriage; people who live or lived together; people with a child in common; and current or former dating partners (including dating relationships involving a minor).
Where do I file for a restraining order in Idaho?
File a petition with a sworn affidavit in the magistrates division of district court in the county where the respondent lives, where you live, or where you are temporarily staying. Leaving home to avoid abuse does not affect your right to file. You can also file online using the courts' Guide and File questionnaire.
Does it cost money to get a restraining order in Idaho?
No filing fee, service fee, hearing fee or bond is charged for a petition seeking only protection-order relief.
How fast can I get an emergency protective order in Idaho?
If irreparable injury could result, the court can grant an ex parte temporary protection order based on your affidavit, or hold an ex parte hearing (which can be by phone) the day you file or the next court day. It lasts up to 14 days and can be reissued.
What happens at the restraining order hearing in Idaho?
A full hearing is held within 14 days of filing (and no later than 14 days after any temporary order). If one side has a lawyer, the other can ask for a continuance to get one.
How long does a restraining order last in Idaho?
Relief lasts a fixed period up to one year. On motion and good cause, the court can continue the order for an appropriate time or make it permanent. A renewal motion can be granted without a hearing if not timely objected to.
What can a protective order do in Idaho?
The court can order the respondent not to commit domestic violence; exclude them from a shared home or your residence; award temporary custody; order counseling or batterer treatment; prohibit harassing, calling or contacting you and designated family members; keep them 1,500 feet (or another distance) from you, your home, school or work; have police help you get possession of the home; order them to pay service fees, costs and attorney's fees; and grant other relief needed for protection. You can also request transfer of wireless phone service.
How is a restraining order served in Idaho?
A peace officer where the respondent lives serves the order and petition personally, unless you choose private service at your own expense. Protection-order service takes priority over other papers.
What happens if someone violates a protective order in Idaho?
If the respondent had notice of the order, violating it is a misdemeanor punishable by up to one year in jail and a fine up to $5,000. Police may arrest without a warrant on probable cause.
Can a minor get a restraining order in Idaho?
A custodial or noncustodial parent or guardian can file on behalf of a minor child who is a victim of domestic violence. Relief cannot be denied because a party was a minor at the time.
Can I keep my address confidential in Idaho?
Idaho's Address Confidentiality Program, run by the Secretary of State, lets victims of domestic violence, sexual assault, stalking, human trafficking or malicious harassment use a substitute mailing address designated by the Secretary of State.
Protective orders in other states
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.