A Boise civil protection order attorney can help you obtain immediate court protection from domestic violence, stalking, or malicious harassment — or defend you against an order that may be unfounded. The Law Office of Michael J. Holmes represents petitioners and respondents in Idaho civil protection order proceedings under Idaho Code §§ 39-6301 to 39-6324 (Domestic Violence Crime Prevention Act) and Idaho Code § 18-7905 (stalking).

Who Can Get a Civil Protection Order in Idaho?

Idaho’s domestic violence protection orders are available between family or household members — current or former spouses, persons who have a child in common, persons who reside or have resided together, and persons in a dating relationship. Stalking and malicious-harassment protection orders are available against any person regardless of relationship.

Ex Parte Temporary Orders

When immediate protection is needed, an Idaho court can issue an ex parte temporary protection order the same day the petition is filed, without notice to the respondent. The temporary order remains in effect until a full hearing, usually scheduled within 14 days.

The Full Hearing

At the full hearing both parties present evidence. The petitioner must prove the statutory grounds by a preponderance of the evidence. A protection order can last up to one year initially and may be renewed. Orders can include no-contact provisions, exclusive possession of a residence, temporary child custody, and firearm prohibitions.

Representing Respondents

If you have been served with a petition, the stakes are high: a permanent order will appear on background checks, may affect employment and child custody, and triggers a federal firearms prohibition. We represent respondents at the full hearing, presenting evidence, cross-examining witnesses, and advocating for dismissal or narrower terms where appropriate.

FAQ

Is a civil protection order a criminal charge?

No. A protection order is a civil court order, not a criminal conviction. However, violating an order is a criminal offense under Idaho Code § 39-6312.

Will a protection order affect my gun rights?

Yes. Under 18 U.S.C. § 922(g)(8) and Idaho law, a final protection order generally prohibits firearm possession while the order is in effect, with limited exceptions.

Related Family Law Topics

• Family Law Overview (Boise & Treasure Valley)
• Divorce
• Child Custody
• Child Support
• Spousal Support
• Civil Protection Orders
• Establishing Paternity
• Marital Agreements
• Guardianship

Talk to a Boise Family Law Attorney

Call (208) 696-2772 for a confidential consultation. We serve clients across Boise, Meridian, Nampa, Caldwell, Eagle, Star, and the entire Treasure Valley.

Family law representation is offered exclusively in Idaho. Submitting a contact form does not create an attorney-client relationship.