Under Idaho state law, restraining orders, or orders of protection, may be issued to protect victims of domestic violence from further abuse, harassment or other perceived threats. If you are seeking such an order or are the subject of such an order, there are some points of law you should know pertaining to the types protections available under orders of protection, the penalties for breaking orders of protection as well as requirements that must be met in order to gain orders of protection.
Filing for Protection
Under Idaho law, any person claiming that she is a victim of domestic violence may obtain an order of protection so long as they follow the appropriate avenues. In order for an alleged victim to obtain an order of protection, she must first file a petition for the order of protection with the magistrate division of the district court whose jurisdiction they reside in. The petition submitted to the court must be based on a sworn affidavit, also filed with the court.
If the person filing for the order of protection has left the physical household in question in order to avoid further abuse, he may still be granted an order of protection by the court. The petition must state that the petitioner, or another household member (whether adult or child), is a victim of domestic violence. Additionally, a parent or guardian may file a petition for an order of protection on behalf of a minor child (17 years or younger), regardless of whether she has custody of the child.
Filing for Custody Under Protection
Orders of protection may also be used in the state of Idaho to grant custody of a child to the petitioning party if that party is alleging that the child in question is suffering abuse, neglect or other domestic violence at the hands of the current custodian.
In order for a petitioner to gain a protective order granting custody of a child, she must submit additional information along with the information required for a standard order of protection.
Such petitions must include: the county and state where the child has resided for the six months immediately prior to the filing of the petition, the name of the party who is currently caring for the child, and the names of any parties who have cared for the child within the six months immediately prior to the date of petition. Petitions for orders of protection seeking child custody must be filed in the District Court of the county where the petitioner resides, along with the district court in the county where the respondent resides.
Penalties for Violation of Order
If a person who is subject to an order of protection in Idaho violates the terms of the order by making contacted with a protected person or by entering a residence from which the order prohibits them, she may be arrested and subject to imprisonment and fines along with criminal charges.
Under Idaho law, a violation of an order of protection is a misdemeanor and is punishable by up to one year in jail and a fine of up to $5,000.