Domestic Violence Protection Order - Idaho

Before use: This proposed protection order requires judicial signature and court entry. Complete only the findings and relief the court grants; the court controls the final order.

DOMESTIC VIOLENCE PROTECTION ORDER
(State of Idaho)

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 identified on the current official protection-order form: [FULL COURT NAME AND COUNTY]
    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—the petitioner may withhold a confidential address on the court's approved protection-order forms (CAO DV series); enrolled participants may use an Idaho Address Confidentiality Program substitute address under I.C. § 19-5701 et seq.]
    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. Firearms

7.1 Federal firearm finding (18 U.S.C. § 922(g)(8)): ☐ Respondent received actual notice of the hearing and had an opportunity to participate; ☐ this Order restrains Respondent from harassing, stalking, or threatening an intimate partner of Respondent or a child of Respondent or that partner, or from conduct placing the partner in reasonable fear of bodily injury to the partner or child; and ☐ this Order finds Respondent a credible threat to the physical safety of that partner or child, or expressly prohibits use, attempted use, or threatened use of physical force against that partner or child reasonably expected to cause bodily injury. Identify the protected relationship and relevant order terms: [________________________________]. If every federal condition is met, 18 U.S.C. § 922(g)(8) prohibits Respondent from possessing or receiving a firearm or ammunition while subject to the Order. Idaho law imposes no separate state firearm-possession prohibition or surrender requirement on protection-order respondents.
7.2 Pursuant to Idaho Code § 18-3302(11)(l), Respondent is ineligible to be issued a license to carry a concealed weapon while subject to this Order.
7.3 If the Court has, in its discretion under Idaho Code § 39-6306(1)(e), ordered Respondent to surrender or store specific firearms, the terms of that separate directive are: [specify, or "None ordered"].

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 After hearing, the Court has reviewed the sworn petition and evidence and finds an immediate and present danger of domestic violence to Petitioner under Idaho Code § 39-6306(1), based on these facts: [FINDINGS].

13. Notice & Opportunity to Be Heard
     13.1 Respondent was [present / absent after notice] at the hearing held on [date]. The facts establishing notice and an opportunity to be heard are [FINDINGS].

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 A peace officer may arrest Respondent without a warrant upon probable cause to believe Respondent has violated this Order, provided Respondent had notice of the Order (Idaho Code § 39-6312(2)). No Idaho statute authorizes a warrantless entry or search of the residence to enforce firearm surrender.

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 Penalty: A knowing violation of this Order, where Respondent had notice, is a misdemeanor under Idaho Code § 39-6312(1), punishable by up to one (1) year in jail and a fine up to $5,000. Any separate criminal act (e.g., domestic battery or assault under Idaho Code § 18-918) may be independently charged.
     17.2 Civil Contempt: The Court may impose fines, imprisonment, or other sanctions.
     17.3 Arrest without Warrant: A peace officer MAY arrest Respondent without a warrant upon probable cause to believe Respondent has violated this Order, if Respondent had notice of the Order, per Idaho Code § 39-6312(2).
     17.4 Costs and Attorney Fees: Under Idaho Code § 39-6306(1)(f), Respondent shall pay [$____] in service fees and reimburse Petitioner [$____] for costs of this action, including a reasonable attorney fee, if awarded by the Court.

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 A filing concerning this Order shall identify the issuing court and case number or another court with jurisdiction under current law.

20. Procedure
     20.1 Applicable statutes and court rules control procedure.

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 Initial relief under Idaho Code § 39-6306 is for a fixed period not exceeding one year. Upon motion and good cause shown, the Court may continue the Order for an appropriate period or make it permanent if the chapter's requirements are met. The Order may be terminated or modified by further court order on a filed written stipulation or a party's motion after a hearing. A renewal motion may be granted without a hearing if the restrained party does not timely object. Idaho Code § 39-6306(5).

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. Appropriate law enforcement agency for entry of the Order (and its expiration date) into the Idaho public safety and security information system (Idaho Code § 39-6311(2)); qualifying orders are also transmitted 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)