“Restraining order” is the phrase most people use for any court order that tells one person to stay away from, or stop contacting, another. Idaho law is more specific. Several different orders exist, created by different statutes and court rules, issued in different kinds of cases, and enforced in different ways. Choosing the wrong one can mean a denied petition or an order that does not cover the real problem.
This page covers the restraining and protection orders available in Idaho outside the domestic violence setting: civil protection orders for stalking and harassment, restraining orders inside a divorce or custody case, and criminal no contact orders. If the person you need protection from is a spouse, former spouse, relative, someone you live or have lived with, the other parent of your child, or someone you are dating or have dated, the order you most likely need is a domestic violence protection order, which has its own statute and its own page: Idaho Domestic Violence Protection Orders. Holmes Law is a remote practice led by Michael J. Holmes that handles Idaho family law statewide, from Ada and Canyon counties to Bonneville, Bannock, Kootenai and Twin Falls counties, and advises both people seeking orders and people who have been served with one. For all Idaho family law services, see the Idaho family law hub.
If You Are in Danger Right Now
No court order is a substitute for emergency help. If you or a child are in immediate danger, call 911. Police can respond and often connect you with a victim advocate. Everything below concerns the court side of the problem, which matters but moves more slowly than a phone call.
Civil Protection Orders Under Idaho Code § 18-7907
When the person bothering you is not a family or household member or dating partner, Idaho Code § 18-7907 is the main statutory route to a civil protection order. The respondent can be a neighbor, a former friend, a coworker or a stranger online. The first question is always whether the conduct fits the statute.
What Conduct Qualifies
A petition is available when a person intentionally engages in one of three kinds of conduct:
- Stalking. Stalking in any degree under Idaho Code §§ 18-7905 and 18-7906. In general terms, stalking is a knowing and malicious course of conduct, meaning repeated nonconsensual contact with the victim or a family or household member, that seriously alarms, annoys or harasses the victim and would cause a reasonable person substantial emotional distress, or that would cause a reasonable person to fear death or physical injury.
- Threatening communications. Contacting someone by telephone or another electronic communication device with the intent to terrify, threaten or intimidate, and communicating a threat to injure the person or a member of the person’s family. The statute’s device language is broad enough to reach texts and messaging apps.
- Malicious harassment. Intimidating or harassing someone, or causing or threatening physical injury or property damage, because of the person’s race, color, religion, ancestry or national origin.
A single argument, a business dispute or a neighbor who is unpleasant but not threatening will usually not qualify.
The 90-Day Window
The petition must allege specific facts showing that the person to be protected was the victim of qualifying conduct within the 90 days immediately before filing. If the latest incident is approaching 90 days old, waiting has a real cost.
Who Can File, and Where
A person may file for themselves, their children or a ward, by verified petition in the magistrate division of the district court, in the county where the respondent lives, where the petitioner lives, or where the petitioner is temporarily staying. One procedural detail worth knowing: the Idaho Rules of Family Law Procedure expressly do not apply to protection orders under Title 18, Chapter 79, although they do govern domestic violence protection orders under Title 39, Chapter 63.
Ex Parte Temporary Orders and the Full Hearing
Under Idaho Code § 18-7908, a court may issue an ex parte temporary protection order, entered before the respondent is notified, when the verified petition shows that immediate harm is likely and that the respondent engaged in conduct described in § 18-7907. It lasts no more than 14 days, though it may be reissued for good cause, and a full hearing is set within 14 days. If the court grants a protection order after that hearing, it may order the respondent to stop the prohibited conduct, prohibit contact with the petitioner and anyone else the petition sought to protect, and impose other restrictions the court considers proper, including a distance requirement of up to 1,500 feet. The court may also order either side to pay costs, including reasonable attorney fees.
How Long the Order Lasts
A § 18-7907 protection order is issued for a fixed period of no more than one year. On motion and good cause shown, the court may renew, modify or terminate it after notice and a hearing, or on a written stipulation filed with the court.
Restraining Orders Inside a Divorce, Separation or Custody Case
Once a divorce, legal separation, custody or paternity case is filed, the family court can enter orders that govern both parties while the case is pending. These are what people usually mean by a “restraining order in a divorce.” They end or are replaced when the case ends.
Joint Preliminary Orders
Rule 509 of the Idaho Rules of Family Law Procedure allows the court to issue a joint preliminary order in a form authorized by the Idaho Supreme Court. An order of this kind binds both spouses equally and is aimed at preserving the status quo, so neither side can quietly change the financial or parenting picture before the court rules. The rule says the court “may” issue one, and practice varies, so do not assume one exists in your case or that it does not. Read everything you were served with or received from the clerk, and follow any order to the letter. For how property and children are handled, see Idaho divorce and Idaho child custody.
Motions for Temporary Orders
Under Rule 504, either party can ask for temporary orders on custody and parenting time, child support, temporary maintenance, attorney fees, use of the family home, and payment of debts while the case is pending. A motion to exclude a party from a residence, divide community property or assign debts must spell out the specific relief requested and the financial information the rule requires.
Temporary Orders Without Notice
When waiting for a hearing would cause harm, Rule 505 allows a temporary order without notice to the other party, but only if specific facts in an affidavit or verified motion clearly show that immediate and irreparable injury, loss or damage will result to the moving party or a minor child before the other side can be heard. The moving party must also certify in writing what efforts were made to give notice and why notice should not be required. The order lasts no more than 14 days, may be extended for good cause for up to another 14 days, and requires a prompt hearing. The responding party can move to dissolve or modify it on two days’ notice.
Temporary Restraining Orders and Injunctions
Rule 506 brings temporary restraining orders and preliminary injunctions into family cases, for example to stop a spouse from hiding assets or draining an account. A restraining order without notice requires the same showing of immediate and irreparable harm; a preliminary injunction requires notice, and the court can require security.
Criminal No Contact Orders
A no contact order is part of a criminal case, and the alleged victim does not file anything to get one. When someone is charged with or convicted of certain offenses, including assault and battery offenses, domestic battery, stalking, telephone harassment and violating a domestic violence protection order, or any other offense for which the court finds one appropriate, the judge may order the defendant to have no contact with the alleged victim. The authority is Idaho Code § 18-920; the procedure is Idaho Criminal Rule 46.2.
How They Are Issued and Served
Rule 46.2 requires the Idaho Supreme Court’s form, served on or signed by the defendant. A defendant who was not present when the order was issued can request a hearing within seven days of service, and the court must hold it within 14 days. The order states its own terms and expiration, and the clerk notifies the sheriff whenever it is issued, modified or terminated, or the case is dismissed.
When the Protected Person Wants It Changed
A no contact order belongs to the court, and the protected person cannot simply “drop” it. Under Rule 46.2(b), the protected person can file a written request with the clerk of the criminal court asking the judge to modify or terminate it, and the court must set a hearing within 14 days. Until a judge signs a new order, the old one stays in force, and the defendant faces charges for any contact, even contact the protected person invited. Do not assume a family court parenting order authorizes contact the no contact order forbids; raise any conflict with the courts first.
Violations
Violating a no contact order is a misdemeanor punishable by up to a year in county jail, a fine of up to $1,000, or both. A violation committed after two prior violations within five years is a felony, with up to five years in prison, a fine of up to $5,000, or both. An officer may arrest without a warrant on probable cause that a person with notice of the order violated it.
Workplace Harassment and Threats
Idaho’s protection-order statutes are written for individuals, who may petition for themselves, their children or their ward; they do not set up a separate process for an employer to petition on an employee’s behalf. An employee being stalked or threatened by a coworker, customer or former partner may qualify for a § 18-7907 order or, for a family or household member or dating partner, a domestic violence protection order. Employers generally rely on their own policies, trespass notices and ordinary civil injunctions.
Serving the Order and Getting It Into the System
An order protects you only once the other person has notice of it. Section 18-7907 orders are served in the same manner as domestic violence protection orders under Idaho Code § 39-6310, ordinarily by personal service from a peace officer where the respondent lives. The clerk then forwards it to law enforcement for entry in the statewide system, so an officer in Pocatello or Coeur d’Alene can confirm an order issued in Boise.
What Happens When an Order Is Violated
The consequences depend on the type of order:
- Civil protection order under § 18-7907. A misdemeanor punishable by up to one year in jail and a fine of up to $5,000, with warrantless arrest on probable cause. Violating a protection order while stalking can also raise a stalking charge to stalking in the first degree, a felony.
- Domestic violence protection order. A misdemeanor under Idaho Code § 39-6312 with the same maximums; see the domestic violence protection order page.
- Criminal no contact order. A misdemeanor under § 18-920, and a felony for repeat violations within five years.
- Family court temporary order or injunction. Usually enforced through contempt in the family case, and a violation can weigh heavily in later custody and property decisions.
Document every violation, with dates, screenshots and witnesses, and report it promptly.
If You Have Been Served With an Order
The instinct to call the other person and “clear it up” is exactly the wrong one. Any contact the order prohibits can be charged as a crime, even if the other person started it. Read the order, note the hearing date, and comply fully until a judge changes it. The outcome can affect a pending divorce or custody case, your job, a professional license and, in some situations, your right to possess firearms under federal law. Holmes Law represents respondents as well as petitioners.
Choosing the Right Order
A quick way to sort the situation:
- A spouse, ex, relative, housemate, co-parent or dating partner, and there was violence or a threat of it. Start with a domestic violence protection order, which can be pursued even while a divorce is pending.
- A neighbor, acquaintance, coworker or stranger who is stalking or threatening you, or targeting you because of race, religion or national origin. Consider a § 18-7907 civil protection order.
- A pending divorce or custody case where the concern is assets, the home, or children being moved, without violence. Ask for temporary orders or a restraining order in that case.
- Criminal charges have been filed. A no contact order may already be in place; a civil order may still be needed for protection after the case ends.
Custody or support changes that follow from any of these are handled in the family case; see Idaho family law modifications.
How Holmes Law Helps
Michael Holmes helps clients choose the right order, prepare a petition with the specific facts the statute requires, organize exhibits and witnesses, respond to a petition filed against them, and coordinate protection orders with a pending divorce, custody or paternity case so the orders do not conflict. Holmes Law has an Idaho mailing address in Meridian and meets clients by phone or video, with representation in magistrate courts across the state, including Boise, Meridian, Nampa, Idaho Falls, Pocatello, Coeur d’Alene and Twin Falls.
Frequently Asked Questions
Can I get a protection order against a neighbor in Idaho?
Yes, if the neighbor’s conduct fits Idaho Code § 18-7907, meaning stalking, threatening telephone or electronic communications, or harassment based on race, color, religion, ancestry or national origin, and at least one incident occurred within the 90 days before filing. A neighbor who is merely difficult or rude will usually not qualify.
Is a divorce restraining order automatic in Idaho?
Not necessarily. Rule 509 of the Idaho Rules of Family Law Procedure allows the court to issue a joint preliminary order in a form approved by the Idaho Supreme Court, but the court “may” do so, and practice varies. If your case has one, it binds you whether or not you asked for it.
How long does a civil protection order last?
A § 18-7907 order lasts a fixed period of no more than one year and can be renewed, modified or terminated on motion and good cause. An ex parte temporary order lasts no more than 14 days unless reissued.
Can the victim drop a no contact order?
No. The protected person can ask the criminal court to modify or terminate it under Idaho Criminal Rule 46.2(b), and the court must hold a hearing within 14 days, but only the judge can change it.
Do I need a lawyer to get a protection order?
No. Many people file using court forms, with help from court assistance offices or victim advocates. A lawyer helps most when facts are contested, the other side is represented, or custody, a shared home or a pending divorce is involved.
What if the person harming me is my spouse or partner?
Then the Idaho domestic violence protection order process under Idaho Code § 39-6301 and following is usually the right fit. It covers family and household members and dating partners and allows temporary custody and exclusion from a shared home.
Talk to an Idaho Restraining Order Attorney
If you need an order, or you have been served with one, the right first step depends on who the other person is, what happened and what other cases are pending. Holmes Law advises clients across Idaho by phone and video. Contact Holmes Law to schedule a consultation. If you are in immediate danger, call 911 first.