What states do you practice in?

We represent clients in Idaho, California, Texas, Washington, and North Carolina, with offices and licensed counsel in each state.

Do you work with veterans and military families?

Yes. As a U.S. Army veteran, attorney Michael J. Holmes has a personal commitment to serving fellow veterans and active-duty military families with estate planning, business formation, and real estate matters.

Can one attorney really handle work across five states?

Multi-jurisdictional practice requires admission in each state where legal services are provided. Attorney Michael J. Holmes is licensed in Idaho, California, Texas, Washington, and North Carolina, which allows us to coordinate strategy across all five jurisdictions under one roof.

What is the difference between a deferred sales trust and a 1031 exchange?

Both are tools to defer capital gains tax on the sale of appreciated assets. A 1031 exchange allows reinvestment into like-kind real estate within strict timelines. A deferred sales trust uses an installment-sale structure that offers broader reinvestment options.

Boise Civil Protection Order Attorney | Idaho Restraining Orders

Q: Do you offer free consultations?

Yes. Initial consultations are complimentary and can be scheduled by phone or through our online form. Submitting a contact form does not create an attorney-client relationship; that relationship begins only after a written engagement letter is signed.

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.

Idaho’s Domestic Violence Crime Prevention Act

Idaho’s civil protection order framework is codified at Idaho Code §§ 39-6301 through 39-6326, known as the Domestic Violence Crime Prevention Act. The Act provides an emergency civil remedy that operates separately from any criminal prosecution. A protection order can be obtained quickly, often the same day a petition is filed, and provides immediate enforceable relief while a longer-term case proceeds.

Who Can Petition for Protection

Under Idaho Code § 39-6303, a person may petition for a civil protection order if the respondent is a household member, defined to include current or former spouses, parents and children, persons in a current or former dating relationship, persons who share a common child, and persons who currently or formerly resided together. The Act covers domestic violence (defined at § 39-6303(1) to include physical injury, sexual abuse, forced imprisonment, threat of violence, and malicious property damage) and stalking-related conduct.

Three Types of Protection Orders

Ex Parte Protection Order (Temporary)

An ex parte protection order can be issued the same day a petition is filed, without notice to the respondent, if the court finds that domestic violence has occurred and that immediate protection is needed. Under Idaho Code § 39-6308, the ex parte order remains in effect until the full hearing on the petition, which must be scheduled within 14 days. Ex parte orders typically prohibit contact, prohibit the respondent from coming to specified locations, and may award temporary possession of the residence.

Full Protection Order (After Hearing)

After the respondent is served and given notice of the hearing, the court conducts a full hearing where both parties present evidence. If the court finds by a preponderance of the evidence that domestic violence occurred, it can issue a full protection order under Idaho Code § 39-6306 valid for up to one year, subject to renewal. The full order can address contact restrictions, residence exclusion, temporary child custody and parenting time, temporary financial support, firearm surrender, and other relief tailored to the circumstances.

Renewal Orders

Before the original order expires, the petitioner can apply for renewal. Renewal does not require new acts of violence — the court can renew based on a reasonable fear of future abuse and the underlying history.

How the Petition Process Works

Filing. The petitioner files a verified petition with the magistrate court describing the relationship and the acts of domestic violence. Filing fees are waived for protection order petitions.
Same-day review. The petitioner appears before a magistrate, sometimes the same afternoon, who reviews the petition and decides whether to issue an ex parte order.
Service. Law enforcement (typically the county sheriff) serves the respondent with the petition, the ex parte order (if issued), and the notice of hearing.
Full hearing. Both parties appear within 14 days. The petitioner presents evidence; the respondent has the right to be heard. The court issues a full order or denies the petition.
Enforcement. Once entered, the order is enforceable by law enforcement throughout Idaho and, under the federal Violence Against Women Act, in every other state.

Violation Consequences

Violation of a civil protection order is a separate criminal offense under Idaho Code § 39-6312. A first violation is a misdemeanor; subsequent violations within five years are felonies. Violators can be arrested without a warrant if law enforcement has probable cause. Violations also typically result in immediate revocation of any firearms the respondent retained.

Firearm Restrictions

A full protection order can include firearm surrender provisions. Federal law (18 U.S.C. § 922(g)(8)) independently prohibits possession of firearms by persons subject to a qualifying protection order. Respondents subject to a full protection order should consult an attorney about their firearm rights, lawful storage during the order’s pendency, and potential reinstatement of rights after the order expires.

Stalking and Cyber-Stalking

Idaho’s Stalking statute at Idaho Code §§ 18-7905 and 18-7906 separately criminalizes both physical and electronic stalking. Civil protection orders can address stalking conduct between household members, while persons being stalked by non-household members may need to pursue a stalking-specific civil action or rely on criminal prosecution.

Difference From No-Contact Orders in Criminal Cases

A civil protection order is separate from a criminal no-contact order. The no-contact order is entered as part of a criminal case — typically at arraignment after a domestic violence arrest — and remains in effect during the prosecution. The civil protection order is a separate proceeding that can issue even if no criminal charges are filed, and remains in effect independently of the criminal case outcome.

Representation for Petitioners and Respondents

We represent both petitioners seeking protection and respondents defending against allegations. For petitioners, particularly in cases where children are involved or where ongoing contact for custody exchanges will be necessary, careful drafting of the petition and the order’s terms is critical. For respondents, particularly where the allegations are exaggerated, where the parties’ accounts conflict, or where collateral consequences (firearm rights, custody, employment) are significant, prompt representation at the full hearing is essential.

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.

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