Civil Protection Orders
The following is the criteria for filing a Civil Protection Order:
RELATIONSHIP TO THE PERSON YOU ARE FILING AGAINST: In order to apply for a Civil Protection Order, the person you are filing against (the Respondent) must be:
____ Someone you are now married to or used to be married to.
____ Someone you are related to by blood, marriage or adoption.
____ Someone you have lived with in a domestic relationship.
____ Someone you have had a child with.
____ Someone you are now dating or were dating.
____ Someone your minor child is now dating or was dating.
Note: If you want to file for a restraining order against a neighbor, an acquaintance, etc. but he or she does not fit in one of the above categories, the judge cannot grant you a Domestic Violence Protection Order. You can contact law enforcement or an attorney for other means of relief.
II. PROTECTION ORDER CRITERIA: Before the judge can issue a Civil Protection Order, you must be able to provide evidence of:
_____ Physical Injury
_____ Sexual Abuse
_____ Forced Imprisonment and/or
_____ A threat of this violence.
Note: When completing the Sworn Application for Protection Order (you are the Petitioner), you must be specific about the abuse that is occurring or has occurred in the recent past and also be specific about when the abuse occurred. If there is a history of domestic violence, you may want to briefly include a description of the violence. If guns or weapons have been used, also include that information. The judge will decide whether or not to issue a protection order based on the information you provide in the Application. If the information you provide does not meet the standard of the law, the judge will not be able to issue a Protection Order.
IV. OTHER IMPORTANT INFORMATION:
- Before filing your Application, review the criteria set out above in I and II to be sure your situation meets that criteria.
- You will be signing the Application under oath as to the truthfulness and accuracy of your statements.
- Do not attempt to use this Application as a means of revenge or provocation.
- Even though the Protection Order may set temporary arrangements for custody, if you have minor children together and how visitation will be structured, the issues of child custody must be settled in a separate civil action.
- The court may decide, on a temporary basis, who will reside in the residence; however, the purpose of the Protection Order is to provide for your and/or your child/ren's physical safety and not to evict another person from the residence.
- The Protection Order will not provide for division of personal property or for responsibility for payment of debts. Again, these matters must be addressed in a separate civil action.
If the judge issues a Temporary Protection Order after reviewing your Application, the court will arrange for service of a copy of your Application and the Temporary Protection Order on the Respondent at no cost to you if the Respondent lives in Idaho. If the Respondent lives in another state, you will responsible for having a copy of the Application and a certified copy of the Order served on the Respondent, and you must pay the cost.
- Service on the Respondent will be made within 24 hours if possible. Speedy service will depend on the amount and accuracy of information you can provide about the Respondent on the Information sheet.
- The Temporary Protection Order will also contain a Notice of Hearing, advising both you and the Respondent to appear at a hearing. The hearing will be set within 2 weeks. The purpose of the hearing is to give the Respondent an opportunity to tell the court his/her side of the situation and to allow the court to decide if a Protection Order should be granted.
- If you do not appear at the hearing, your petition will be dismissed and the Protection Order will no longer be in effect.
- If the Respondent has been served and does not appear at the hearing, the Protection Order may be issued by default. If the Respondent appears and contests the Protection Order, you must be prepared to testify and present your evidence in court. You can bring to the hearing any person who has witnessed the violence or other evidence, such as: police reports, photographs, hospital reports, phone records or recorded messages.
- Because you will not be able to contact the Respondent except as allowed in the Protection Order, you should carefully determine if there are circumstances that require special arrangements such as exchanging children for visitation or making arrangements for payment of bills. Be ready at the hearing to give the judge your suggestions about how these arrangements can be made.
- Either party may have an attorney represent them at the hearing. If only one party has an attorney, the other party may request that the judge reschedule the hearing to allow him/her the opportunity to seek legal counsel.
- Once the Protection Order is served, both parties are asked to obey the Order. Violation by either Petitioner or Respondent may result in a criminal charge being filed against that person. Violation of a Civil Protection Order is punishable by up to one year in jail and/or a $5,000 fine.
- A Civil Protection Order can only be changed or dismissed by an Order signed by the judge, even if you and the Respondent are in agreement. You may want to talk to an attorney or to an advocate before asking to have the Order dismissed. If you wish to renew your Protection Order you should file your request for renewal at least a week before the current order expires.
- The Protection Order is enforceable in all other states. (Contact the local courthouse or law enforcement agency if you need to have it enforced outside Idaho).
- If the Respondent was arrested for the domestic violence, a criminal "No Contact Order" may have been issued before s/he was released from jail. This is not the same as the Civil Protection Order you are seeking.
Civil Protection Order Petitions can be located at:
Bannock County Courthouse
624 East Center
Pocatello, Idaho 83201
Family Services Alliance
355 South Arthur Avenue
Pocatello, ID 83204
For assistance filling out this Civil Protection Order please contact:
Karen Kamusoko, Domestic Violence Sexual Assault Response Coordinator Bannock County Courthouse Annex Building, Law Library 208-236-7254
Danika Chapple, Domestic Violence Court Coordinator Bannock County Courthouse Annex Building, Suite F 208-236-7421
Family Services Alliance
355 South Arthur Avenue Pocatello, ID 83204 208-232-0742
Click for State Civil Protection Order Forms
No Contact Orders vs Domestic Violence Orders