Idaho Restraining Order Laws (2026): How to Get a Protective Order

In Idaho, a victim of domestic violence can petition the Magistrate Division of District Court for a Protection Order under the Domestic Violence Crime Prevention Act (I.C. sections 39-6301 through 39-6318). A final Protection Order is granted for a fixed period of up to one year and can be continued or made permanent on a later motion. Victims who have no qualifying domestic relationship can bring an action for protection under I.C. section 18-7907.

If you are in immediate danger, call 911. For confidential help 24/7, contact the National Domestic Violence Hotline at 1-800-799-7233 (text START to 88788).

Types of restraining orders in Idaho

Idaho offers two main civil protective-order tracks. The first is the Protection Order under the Domestic Violence Crime Prevention Act at I.C. section 39-6306. This order is specifically for victims of domestic violence where there is a qualifying family or household relationship with the respondent. It covers physical harm, threats of harm, and related conduct within those relationships. Relief a court can order includes restraining further acts of violence, excluding the respondent from the residence, temporary custody of minor children, no-contact and distance requirements, counseling, and, under I.C. section 39-6318, an order directing a wireless telephone service provider to transfer billing responsibility for and rights to a phone number to the petitioner.

The second track is the action for protection at I.C. section 18-7907. Idaho's criminal stalking offenses sit elsewhere in that chapter, at I.C. section 18-7905 (stalking in the first degree) and I.C. section 18-7906 (stalking in the second degree); 18-7907 is the civil petition a victim files to ask a court for an order. It does not require any prior relationship between the petitioner and respondent, and it reaches more than stalking. Subsection (1)(a) covers stalking in any degree as described in sections 18-7905 and 18-7906. Subsection (1)(b) covers a respondent who telephones another, or uses any device that transmits messages, signals, facsimiles, video images or other communication, to address a threat of injury or harm with intent to terrify, threaten or intimidate. Subsection (1)(c) covers a respondent who, because of race, color, religion, ancestry or national origin, intimidates or harasses another person or causes or threatens to cause physical injury.

Idaho does not have a separate broad civil harassment restraining order track. But because the 18-7907 action also reaches threatening communications and harassment based on race, color, religion, ancestry or national origin, many non-domestic victims have a path even when the conduct does not meet the stalking definition. If your situation fits none of those grounds, a court self-help center or an attorney can explain what remains available through the criminal process.

Who can get a restraining order in Idaho?

For a Protection Order under the Domestic Violence Crime Prevention Act, you must have a qualifying relationship with the respondent. Idaho defines family or household member to include current and former spouses, persons who reside together or have resided together in the past, persons who have a child in common, and current and former dating partners. Importantly, leaving the household does not affect eligibility. A person who has moved out is still eligible to petition for a Protection Order against a former household member.

Parents and legal guardians may also petition on behalf of minor children who are victims of domestic violence. The statute is designed to be accessible even when the victim no longer lives in the same home as the respondent.

For an action for protection under I.C. section 18-7907, no domestic relationship is required. Any person against whom the respondent has engaged in conduct described in section 18-7907(1) may petition, regardless of their relationship to the respondent.

How to file for a restraining order in Idaho

You file a petition for a Protection Order in the Magistrate Division of District Court. Idaho gives you several venue options that make it easier to file safely: you can file in the respondent's county of residence, your own county of residence, or the county where you are temporarily residing if you have relocated for safety. This flexibility is especially helpful for survivors who have left home.

Idaho Code 39-6305 provides that no filing fee, service fee, hearing fee or bond shall be charged for proceedings seeking only the relief provided under the Domestic Violence Crime Prevention Act. Idaho Code 18-7909 waives the same four charges for a petition under sections 18-7907 and 18-7908. Bring any information you have about the respondent and the incidents of abuse, but you can file without physical evidence. Court clerks and court self-help resources can help you complete the forms, and local domestic-violence organizations often have advocates who can accompany you. Contact the National Domestic Violence Hotline at 1-800-799-7233 for help finding local resources.

After you submit your petition, a magistrate reviews it and can issue a temporary Protection Order the same day, without the respondent being present, if there is cause to believe domestic violence has occurred or is imminent.

Temporary vs. final orders: how long they last

Idaho's ex parte temporary Protection Order is effective for up to 14 days from the date it is issued. The court is required to schedule a full hearing within those 14 days so the respondent has notice and an opportunity to be heard.

After that hearing, the court may issue a final Protection Order. Under I.C. section 39-6306(5), any relief granted by the order other than a judgment for costs is for a fixed period not to exceed one year. That one-year limit applies to the initial grant, not to how long protection can ultimately last. On motion and upon good cause shown, the court may continue the order for an appropriate time period as directed by the court, or make it permanent. Idaho does not cap that continuation at one year, so a petitioner who can show good cause is not limited to rolling one-year renewals.

Firearms and an Idaho protective order

The Domestic Violence Crime Prevention Act contains no firearm provision. No section of Title 39, Chapter 63 mentions firearms or the surrender of weapons. What a magistrate has instead is the catch-all at I.C. section 39-6306(1)(e), which allows the court to order other relief as the court deems necessary for the protection of a family or household member. A surrender condition is therefore discretionary relief a judge may choose to include, not something Idaho law expressly authorizes or requires. Do not assume an Idaho Protection Order will contain one.

Even if the order says nothing about weapons, the federal firearm ban under 18 U.S.C. 922(g)(8) still applies automatically to a qualifying final protective order. Under federal law, any person subject to a qualifying final order issued after notice and a hearing, which restrains the respondent from harassing, stalking, or threatening an intimate partner or child, is prohibited from possessing any firearm or ammunition. Violating the federal prohibition is a federal offense.

If you believe the respondent has firearms, you can tell the court when you petition and ask that the order include specific surrender instructions under the catch-all relief provision. An advocate can help, or get a free case evaluation from an Idaho family lawyer on arguing for firearm surrender terms at the hearing (attorney advertising).

What happens if someone violates the order?

Violating a Protection Order in Idaho is a misdemeanor under I.C. section 39-6312. The penalty is up to one year in jail and a fine of up to $5,000. A portion of that fine, $10, is directed by statute to a domestic violence project fund. Warrantless arrest is authorized: Idaho law allows law enforcement to arrest a person without a warrant when there is probable cause to believe they have violated a protective order.

Courts can also hold a violator in contempt of court, which is a separate proceeding from the criminal charge. Contempt can result in additional fines or incarceration.

If the respondent violates your Protection Order, call 911 right away. Document the violation as carefully as you can: note the date, time, what happened, and any witnesses or messages. Contact your court to report the violation so it is on record, which can support a criminal charge and any future renewal or modification of the order.

This article is general legal information, not legal advice, and it is not a safety plan. Protective-order rules vary by state and change. If you are in danger, call 911. For help with your specific situation, contact your local court's self-help center, a domestic-violence advocate, or a licensed attorney.

Related pages

For a full state-by-state comparison of protective-order rules, visit the main restraining orders hub. If you are documenting harassment or threats to support your petition, Idaho's recording law page explains what you may legally record in the state.

More Idaho Laws

• Idaho Child Custody Laws
• Idaho Divorce Laws
• Idaho GPS Tracking Laws
• Idaho Self-Defense Laws

Frequently Asked Questions

How do I get a restraining order in Idaho?

File a petition for a Protection Order at the Magistrate Division of District Court in your county, the respondent's county, or the county where you are temporarily staying. You can file without an attorney, and I.C. section 39-6305 bars any filing, service or hearing fee. A magistrate can issue a temporary order the same day without the respondent present. A full hearing is scheduled within 14 days. Court self-help resources and local domestic-violence advocates can help you complete the forms.

How long does a restraining order last in Idaho?

The ex parte temporary Protection Order lasts up to 14 days until the full hearing. Under I.C. section 39-6306(5), a final Protection Order is granted for a fixed period not to exceed one year. That cap applies to the initial grant only. On motion and upon good cause shown, the court may continue the order for an appropriate time period as it directs, or make it permanent. There is no one-year limit on that continuation.

How much does a restraining order cost in Idaho?

Nothing. Idaho Code 39-6305 states that no filing fee, service fee, hearing fee or bond shall be charged for proceedings seeking only the relief provided under the Domestic Violence Crime Prevention Act. Idaho Code 18-7909 waives the same charges for a petition under sections 18-7907 and 18-7908. There is no cost to attend the hearing either.

Can I get a restraining order without a police report?

Yes. You do not need a police report to file for a Protection Order in Idaho. The magistrate considers the information in your petition and any supporting evidence you provide. You can file even if you have not previously called the police. Documentation of incidents can be helpful, but it is not required to file.

Does a restraining order take away gun rights in Idaho?

A qualifying final Protection Order triggers the federal firearm ban under 18 U.S.C. 922(g)(8), which bars the respondent from possessing any firearm or ammunition. Idaho's own Domestic Violence Crime Prevention Act says nothing about firearms. A magistrate can add a surrender condition only as discretionary relief under the catch-all in I.C. section 39-6306(1)(e), so an Idaho order will not necessarily contain one. If the court does include a surrender provision, the respondent must comply with those specific instructions.

What happens if the abuser violates the order?

Call 911 immediately and document the violation. Violating a Protection Order is a misdemeanor under I.C. section 39-6312 and can result in up to 1 year in jail and up to a $5,000 fine. Idaho law authorizes warrantless arrest on probable cause of a violation. Report the violation to your court as well to preserve the record for any future proceedings.

What is the difference between a restraining order and an order of protection in Idaho?

Idaho's official term for its domestic civil protective order is a Protection Order under the Domestic Violence Crime Prevention Act. The term 'restraining order' is a general term used in everyday conversation. Both refer to the same type of civil court order. Where there is no qualifying domestic relationship, the parallel remedy is an action for protection under I.C. section 18-7907, which covers stalking, threatening communications, and harassment based on race, color, religion, ancestry or national origin.