Idaho Restraining Order Laws (2026): How to Get a Protective Order
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 39-6316). A final Protection Order lasts up to one year and is renewable. Victims who have no qualifying domestic relationship can seek a Stalking No-Contact Order 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.
The second track is the Stalking No-Contact Order available under Idaho's stalking statute at I.C. section 18-7907. This order does not require any prior relationship between the petitioner and respondent. It is available to any victim of stalking, which Idaho defines as a course of conduct that seriously alarms or harasses the victim, causes substantial emotional distress, and has no legitimate purpose. Victims who do not have a qualifying domestic relationship, or whose situation involves stalking by a stranger or an acquaintance, can use this track.
Idaho does not have a broad civil harassment restraining order separate from the stalking track, so non-domestic victims whose situation does not meet the stalking definition may need to consult an attorney about available options 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 the Stalking No-Contact Order under I.C. section 18-7907, no domestic relationship is required. Any person who has been subject to a course of stalking conduct as defined by Idaho law 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.
Under the federal Violence Against Women Act, the court cannot charge a filing fee or service fee for a domestic-violence protective order. 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. A final Protection Order lasts for up to one year. It is renewable: at the end of the one-year term, the petitioner can move to renew the order for additional terms of up to one year each. If the facts and circumstances warrant it, the court can make the order permanent without a set expiration date.
| Order Type | Duration |
|---|---|
| Ex parte temporary Protection Order | Up to 14 days |
| Full hearing deadline | Within 14 days of issuance |
| Final Protection Order | Up to 1 year |
| Renewal term | Up to 1 year each renewal; may be made permanent |
Firearms and an Idaho protective order
Idaho courts are authorized to include firearm surrender provisions directly in a Protection Order. Idaho Bench Cards updated in February 2024 specifically note the federal firearm prohibition that attaches to qualifying final orders. When a surrender provision is included, the respondent must comply with the specific surrender instructions in the order.
Even if the court does not include a state-law surrender provision in the order, 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. An attorney or advocate can help you raise this at the hearing.
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.
More Idaho Laws
- Idaho AI Meeting Recording Laws
- Idaho Alimony Laws
- Idaho At-Will Employment Laws
- Idaho Car Accident Laws
- Idaho Car Seat Laws
- Idaho Child Custody Laws
- Idaho Child Support Laws
- Idaho Common Law Marriage Laws
- Idaho Data Privacy Laws
- Idaho Divorce Laws
- Idaho Dog Bite Laws
- Idaho Emancipation Laws
- Idaho Expungement Laws
- Idaho Hit and Run Laws
- Idaho Landlord-Tenant Laws
- Idaho Lemon Laws
Sources
- I.C. sections 39-6301 through 39-6316, Domestic Violence Crime Prevention Act (Idaho Legislature)
- I.C. section 39-6312, Violation of protection order (Idaho Legislature)
- Idaho Supreme Court Self-Help Center (Idaho Courts)
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.
