How to Get a Restraining Order in Idaho
It's hard to live in fear. It's even harder when you don't know whether or not your abuser will hurt you again. You may have already broken the chain of violence, but that doesn't mean it can never happen again. You're always on guard, waiting for them to strike out at any moment and leave you feeling violated all over again.
This article will help guide you through the process of obtaining a restraining order in Idaho. It's important for your safety to take legal action to put an end to the abuse and protect yourself from future harm. If you feel like there's nowhere else you can turn, DoNotPay is ready to help you.
What Is a Restraining Order and How Does It Work?
A restraining order is a mandatory court order that prohibits someone from taking specific actions. The most common are prohibitions on violence, harassment, contact with another person, or even coming near the victim's place of residence or work.
Restraining orders are typically used to protect people who have been victims of domestic abuse or violence, but they can be used in other cases that involve harassment, stalking or general violence. A restraining order can be issued by a judge without the presence of both parties to prohibit contact between two people.
Idaho's Restraining Order Laws
There are four different types of restraining orders in Idaho, according to the law. These laws vary depending on who is asking for the order and what relationship he or she has with the defendant.
- The first type of restraining order is protection from domestic violence, which includes family members who have a child together and current or former couples.
- The second type of restraining order is what's called a no-contact order. This is for people who aren't related but have had some sort of close relationship in the past. For example, someone who was having an affair with their spouse and the other person doesn't want to hear from them or has expressed fear because of something that happened between them would go after this kind of restraining order.
- The third type is protection from harassment, which is for people who are strangers to each other. These can also apply between two parties who have had some sort of past relationship that was friendly or they otherwise weren't strangers, but now they want nothing to do with the other person and want them to leave them alone.
- The fourth type of restraining order is what's called a protective order, which includes stalking and sexual abuse.
How to File a Request for a Restraining Order in Idaho
If you are in need of a restraining order, you may be able to obtain one by filing a Petition for Protection from Abuse in an Idaho district court. The following information will help you understand the process and what to expect when dealing with this type of case.
Are There Different Types of Protective Orders?
There are two types of Restraining Order cases:
|Criminal Protective Orders||These orders are given out by a judge during a criminal case upon conviction for a domestic violence crime. They come with specific conditions that the abuser must follow or face jail time for violating the order. This is part of a criminal sentence and not something you can file for yourself.|
|Civil Protection Orders||These are orders that can be sought by anyone in an emergency situation brought on by domestic violence. They do not require criminal charges or a conviction, but the person filing for the order must present evidence to the court of abuse committed against them.|
What Happens at the Hearing?
At the scheduled hearing you must show why you need a permanent order. You can tell the court your reasons or have other people speak for you. The respondent can also give their side of the story, present evidence contradicting your claims, and question any witnesses you may have.
The judge will then decide whether to issue a permanent protection order based on all of the information presented by both parties. This is a small claims case and should not be confused with other types of court cases.
When Does a Restraining Order Go Into Effect?
As soon as the court issues a temporary restraining order, it goes into effect and the defendant has to follow its commands and prohibitions. It generally lasts for about 21 days. If there is a plea agreement, the court will usually extend the order for another 90 days. This can be done twice. If an extension is warranted beyond this time frame, the victim must petition the court to obtain a permanent restraining order.
When Does a Restraining Order End?
There are two ways that a restraining order can end.
- The first is when both parties reach an agreement. This means they have come to an understanding and signed a mutual restraining order, which is enforceable by law.
- The second way a restraining order can end is when the person who filed for it decides
they don't want to pursue it anymore. In this case, the petitioner must inform the court that he or she wishes to have the file disbanded and that no further action will be taken.
How Can I Prepare for the Hearing?
If you are the petitioner, make sure to bring any evidence that supports your story such as:
- Photographs – If there was physical abuse such as marks or bruises
- Medical records – Records from doctor visits or hospital stays related to the abuse
- Witness statements – Written statements from people who saw how you were treated or heard what was said
- Any other documents that support your claims of abuse
It is important to remember that judges see many more cases than they used to. Many of these cases also involve emotional abuse, which can be difficult for a judge to understand unless he or she has experienced it personally.
Make sure you attend the hearing and take whatever steps are necessary to protect yourself and any children in your care.
What If the Other Person Violates the Restraining Order?
If you suspect that the other person has violated the restraining order, you can call the police and report it. Do not engage with your abuser in any way.
- If the violation was serious and involved physical violence, beating, assault, kidnapping, sexual assault, or another criminal act, the abuser can be arrested and charged with a misdemeanor. If convicted they face fines or jail time for up to six months. A civil protection order cannot be issued in these cases.
- If this is not the first violation of the restraining order and there has been physical violence in the past, the abuser can be charged with a felony and sentenced to up to five years in prison if convicted.
- If the violation was not violent but still serious enough for you to feel threatened or violated, such as trespassing or having your property destroyed, the other person can be arrested and charged with a misdemeanor. If there is no prior history of violence then the abuser can be fined or spend a maximum of six months in jail.
How to Apply for a Restraining Order in Idaho With the Help of DoNotPay
The process of obtaining a restraining order can be long and frustrating. However, there is an alternative solution. If you need help getting the forms and documents you need to get a restraining order in Idaho, DoNotPay can assist you. Our free chatbot offers step-by-step guidance through the process and can help you obtain all of the required paperwork.
How to apply for a restraining order with the help of DoNotPay:
- Search for relationship protection on DoNotPay.
- Answer a few easy questions on our File a Restraining Order product.
- Submit the form and you're done!
And that's it! DoNotPay will compile for you the forms you need to fill out and give you detailed instructions for how to file for a restraining order in your jurisdiction. Stay safe!
Laws in Other States
While other states may have differing laws on restraining orders, the general process of obtaining one is very similar. Whether you live in Florida, California, Texas, or another state, DoNotPay's algorithm can walk you through the process so you don't have to go it alone.
What Else Can DoNotPay Do?
DoNotPay is a chatbot that can help you with many common legal issues, such as:
- 83B Elections
- Divorce Settlement Agreements
- Compensation for Victims of Crime
- File SEC Complaints
- Copyright Protection
DoNotPay can make even the most complicated legal paperwork quick and easy. Sign up today!