Domestic Violence Protection Order

IMPORTANT: THIS IS A PREPARATION GUIDE — NOT THE OFFICIAL COURT FORM

Idaho requires the use of official court form CAO DV 1-1 (Sworn Petition for Protection
Order) for domestic violence protection order petitions. This template provides the substantive
legal content to help you prepare — but you must transfer your content to the official form
before filing. The official form is available at
https://courtselfhelp.idaho.gov/Forms/protection.
Do not file this document directly with the court.

DOMESTIC VIOLENCE PROTECTION ORDER
(State of Idaho – Family Court Jurisdiction)

TABLE OF CONTENTS

I. Document Header
II. Definitions
III. Operative Provisions
IV. Representations & Warranties
V. Covenants & Restrictions
VI. Default & Remedies
VII. Risk Allocation (Not Applicable)
VIII. Dispute Resolution
IX. General Provisions
X. Execution Block

I. DOCUMENT HEADER

1. Caption
    1.1 Court: [COUNTY] County District Court, Family Law Division
    1.2 Case No.: [___]
    1.3 Title: In re: [Petitioner/Protected Party] v. [Respondent/Restrained Party]

2. Parties
    2.1 Petitioner/Protected Party: [Full Legal Name, DOB, Address—may be kept confidential per I.C. § 39-6311]
    2.2 Respondent/Restrained Party: [Full Legal Name, DOB, Address]

3. Recitals
    WHEREAS, Petitioner has filed a sworn petition pursuant to Idaho Code § 39-6304 alleging acts of domestic violence; and
    WHEREAS, the Court finds it has subject-matter jurisdiction under Idaho Code §§ 39-6301 et seq. and personal jurisdiction over Respondent; and
    WHEREAS, the Court deems issuance of this Protection Order necessary to prevent further abuse and to ensure the safety of the Protected Party and minor child(ren), if any;

NOW, THEREFORE, IT IS HEREBY ORDERED as follows:

4. Effective Date & Duration
    4.1 Effective Date: [Month Day, Year]
    4.2 Expiration Date: [Month Day, Year] (not to exceed one (1) year unless otherwise specified under Idaho Code § 39-6306).

II. DEFINITIONS

For purposes of this Protection Order, capitalized terms have the meanings set forth below:

A. “Act(s) of Domestic Violence” means the conduct described in Idaho Code § 39-6303.
B. “Child(ren)” means minor child(ren) of the parties or of either party listed in Schedule 1.
C. “Firearm” includes any weapon defined in 18 U.S.C. § 921(a)(3).
D. “Protected Location(s)” means the residence, workplace, school, or childcare facility specified in Section III.

III. OPERATIVE PROVISIONS

5. No Contact
    5.1 Respondent SHALL NOT contact, harass, stalk, threaten, or intimidate the Protected Party, directly or indirectly, by any means including but not limited to in-person contact, telephone, text, email, social media, or third-party communication.

6. Stay-Away Requirement
    6.1 Respondent SHALL maintain a minimum distance of ☐ feet from:
     a. Protected Party;
     b. Protected Location(s): [home address, workplace, school, etc.]; and
     c. Child(ren) except as provided in Section 8.

7. Firearm & Weapons Surrender
    7.1 Pursuant to Idaho Code § 39-6306A and 18 U.S.C. § 922(g)(8), Respondent SHALL:
     a. Within [48] hours surrender all Firearms and ammunition in Respondent’s custody or control to [designated law-enforcement agency or Federal Firearms Licensee]; and
     b. File proof of surrender with the Court within [72] hours of service of this Order.

8. Temporary Parenting Time / Exchange Protocol
    8.1 All visitation is [suspended / supervised at [Facility Name]] until further order.
    8.2 Child exchange shall occur at [neutral location] under supervision of [third-party / law enforcement].

9. Possession of Residence
    9.1 Exclusive use and possession of the shared residence located at [address] is granted to the Protected Party. Respondent shall remove personal belongings only under law-enforcement escort on [date/time].

10. Support (If Requested)
     10.1 Respondent SHALL pay temporary child/spousal support in the amount of [$____] per [week/month] per Idaho Child Support Guidelines.

11. Service of Order
     11.1 A certified copy of this Order shall be served on Respondent by [Sheriff/Process Server] without cost to Petitioner. Law-enforcement agencies statewide are directed to enforce this Order immediately upon confirmation of service.

IV. REPRESENTATIONS & WARRANTIES

12. Court Authority
     12.1 The Court represents that it has reviewed the verified petition, supporting affidavits, and any testimony provided, and finds probable cause for issuance under Idaho Code § 39-6306.

13. Notice & Opportunity to Be Heard
     13.1 Respondent was [present / not present] at the hearing held on [date]. If not present, a return hearing is scheduled for [date/time] to afford Respondent an opportunity to contest continuation of this Order.

V. COVENANTS & RESTRICTIONS

14. Compliance
     14.1 Respondent SHALL strictly comply with all terms herein.
     14.2 Protected Party SHALL promptly report any violation to law enforcement.

15. Law-Enforcement Entry
     15.1 Peace officers are authorized to enter and search the residence to enforce surrender of Firearms or to arrest Respondent upon probable cause of violation.

VI. DEFAULT & REMEDIES

16. Events of Default
     16.1 Any violation of Sections 5–10 constitutes an Event of Default.

17. Remedies
     17.1 Criminal Contempt: Violations are punishable under Idaho Code § 18-903 and § 18-918.
     17.2 Civil Contempt: The Court may impose fines, imprisonment, or other sanctions.
     17.3 Arrest without Warrant: Peace officers SHALL arrest Respondent upon probable cause of violation, per Idaho Code § 39-6306(7).
     17.4 Attorney Fees & Costs: The prevailing party in any enforcement action may recover reasonable attorney fees and costs.

VII. RISK ALLOCATION

[Not Applicable – This is a unilateral court order; indemnification and liability-limitation provisions are unnecessary and therefore omitted.]

VIII. DISPUTE RESOLUTION

18. Governing Law
     18.1 This Order is governed by the laws of the State of Idaho.

19. Forum Selection
     19.1 Exclusive jurisdiction and venue lie in the [COUNTY] County District Court, Family Law Division.

20. Arbitration & Jury Trial
     20.1 Arbitration is not available for enforcement of a protection order.
     20.2 No right to jury trial exists in this civil protection proceeding.

21. Injunctive Relief
     21.1 The injunctive provisions herein are the primary remedy and remain in full force unless modified by the Court.

IX. GENERAL PROVISIONS

22. Modification & Termination
     22.1 Either party may move to modify or terminate this Order pursuant to Idaho Code § 39-6306(5) upon [14-day] written notice.

23. Severability
     23.1 If any provision is held invalid, the remainder shall remain enforceable.

24. Integration
     24.1 This Order constitutes the entire injunction and supersedes all prior oral or written directives related to domestic violence between the parties.

25. Copies & Entry
     25.1 The Clerk shall provide certified copies to:
      a. Petitioner (or counsel)
      b. Respondent (upon service)
      c. [COUNTY] County Sheriff
      d. Idaho State Police for NCIC entry

X. EXECUTION BLOCK

DATED: [Month Day, Year]

_______________________________________
[JUDGE NAME]
District Judge / Magistrate Judge
[COUNTY] County District Court, State of Idaho

(SEAL)

ATTEST:
_______________________________________
[CLERK NAME], Clerk of the Court

NOTARY (if required for ex parte petition filings only):
State of Idaho  )
County of ______ ) ss.

On this ___ day of ______, 20__, before me, the undersigned, a Notary Public in and for said State, personally appeared [Petitioner], known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing instrument and acknowledged that he/she executed the same.

_______________________________________
Notary Public for Idaho
My Commission Expires: ____________

Schedule 1 – Minor Child(ren) Covered by this Order

1. Name: [___] DOB: [__/__/____]
2. Name: [___] DOB: [__/__/____]
   (attach additional pages as necessary)