How to Get a Protection Order in Idaho
Reviewed by DocDraft Legal Team · Idaho · Last updated September 17, 2026
In Idaho, a domestic violence protection order is a civil court order that directs an abuser to stop the abuse, stay away from you, and leave you alone, issued under the Domestic Violence Crime Prevention Act (Idaho Code 39-6301 and following). You seek one when a family or household member, a co-parent, or someone you have a dating relationship with has physically harmed you, sexually abused you, or threatened you with harm (Idaho Code 39-6303). You start by filing a Sworn Petition for Protection Order with the magistrate division of the district court in the county where you live or where the abuse happened. There is no filing fee, service fee, or bond (Idaho Code 39-6305). A magistrate can grant an ex parte temporary protection order the same day, without the other person present, to prevent immediate harm. That temporary order is effective for a fixed period not to exceed fourteen days, and a full hearing is set for not later than fourteen days from when it issues (Idaho Code 39-6308). At the hearing the court decides whether to issue a final protection order, which lasts for a fixed period not to exceed one year and can be continued or made permanent on a later motion for good cause (Idaho Code 39-6306). If you are in immediate danger, call 911; the National Domestic Violence Hotline is available at 1-800-799-7233. Attorney review of your petition is available through DocDraft.
Find out where you stand in Idaho
Where are you in getting a restraining order?
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How do I get a protection order in Idaho?
File a Sworn Petition for Protection Order with the magistrate division of the district court in your county. There is no filing fee, service fee, or bond (Idaho Code 39-6305). A magistrate can grant an ex parte temporary order the same day, and a full hearing is set within fourteen days.
How long does an emergency protection order last in Idaho?
A magistrate can issue an ex parte temporary protection order the same day you file, without the other person present, to prevent immediate harm. Idaho Code 39-6308 states it is effective for a fixed period not to exceed fourteen days, and a full hearing must be set within that same fourteen days.
How long does a final protection order last in Idaho?
After a full hearing, the court can issue a final protection order. Idaho Code 39-6306 provides that relief, other than a judgment for costs, is for a fixed period not to exceed one year. On a later motion for good cause, the order can be continued or made permanent.
Which court handles protection orders in Idaho?
You file in the magistrate division of the district court, in the county where you live or where the abuse occurred. The Idaho Courts self-help website and each county Court Assistance Office provide the Sworn Petition for Protection Order forms and instructions for filing without a lawyer at no charge.
Idaho protection order law at a glance
In Idaho, a domestic violence protection order protects you from abuse by a spouse, a former spouse, a family or household member, a co-parent, or a dating partner, under the Domestic Violence Crime Prevention Act (Idaho Code 39-6301 and following). You ask for one by filing a Sworn Petition for Protection Order with the magistrate division of the district court, and there is no filing fee, service fee, or bond (Idaho Code 39-6305). A magistrate can grant an ex parte temporary protection order the same day, without notice to the other person, to prevent immediate harm. Idaho Code 39-6308 makes that temporary order effective for a fixed period not to exceed fourteen days, until a full hearing. If the court grants a final order, it lasts for a fixed period not to exceed one year and can later be continued or made permanent (Idaho Code 39-6306).
Getting an Idaho protection order after threats from an ex-partner
Suppose a former partner in Idaho keeps coming to your home and sending threatening messages, so you file for a protection order that can start the same day. You complete a Sworn Petition for Protection Order, describing the threats with dates, and file it with the magistrate division of the district court at no cost (Idaho Code 39-6305). The same day, a magistrate reviews your petition and signs an ex parte temporary protection order effective for up to fourteen days, setting a full hearing within that window (Idaho Code 39-6308). A sheriff's deputy serves your ex for free. At the hearing you show the messages and testify, and the court grants a one-year final protection order (Idaho Code 39-6306). You keep a copy with you and calendar the expiration to move for renewal. Attorney review of your petition is available through DocDraft.
Relevant Laws
Idaho Code 39-6308 (ex parte temporary protection order)
Provides that an ex parte temporary protection order shall be effective for a fixed period not to exceed fourteen (14) days, but may be reissued, and that a full hearing shall be set for not later than fourteen (14) days from the issuance of the temporary order.
Idaho Code 39-6305 (no filing fee)
Provides that no filing fee, service fee, hearing fee or bond shall be charged for proceedings seeking only the relief provided under the Domestic Violence Crime Prevention Act.
Idaho Code 39-6306 (final order duration and renewal)
Provides that any relief granted by the protection order, other than a judgment for costs, shall be for a fixed period not to exceed one (1) year, and that the order may, upon motion and good cause shown, continue for an appropriate time period or be made permanent.
Idaho Code 39-6303 (definitions and qualifying relationships)
Defines domestic violence as the physical injury, sexual abuse, or forced imprisonment of a family or household member, and defines the family, household, co-parent, and dating relationships that qualify a petitioner for a protection order.
Regional Variances
Idaho protection order rules at a glance
Order name
Domestic violence protection order, issued under the Domestic Violence Crime Prevention Act (Idaho Code 39-6301 and following). A separate civil protection order path applies to stalking and to malicious harassment.
Where to file
The magistrate division of the district court, in the county where you live or where the abuse occurred. There is no filing fee, service fee, or bond (Idaho Code 39-6305).
Emergency and temporary orders
A magistrate can issue an ex parte temporary protection order the same day you file, without the other person present. It is effective for a fixed period not to exceed fourteen days, until a full hearing (Idaho Code 39-6308).
Final order duration
After a hearing, a final protection order lasts for a fixed period not to exceed one year, and it can be continued or made permanent on a later motion for good cause (Idaho Code 39-6306).
Main form
The Sworn Petition for Protection Order, filed with Court Assistance Office forms for the temporary order and the notice of hearing. Forms are free through the Idaho Courts self-help site at courtselfhelp.idaho.gov.
Suggested Compliance Checklist
Complete the Sworn Petition for Protection Order
As soon as possible after the abuse days after startingFill out the Sworn Petition for Protection Order describing the abuse, your relationship, and specific dates, and prepare the related forms for the temporary order and notice of hearing. Use the free Idaho Courts self-help forms and a Court Assistance Office if you need help. Attorney review of your petition is available through DocDraft.
File your petition with the magistrate court
Same day you finish the forms days after startingFile the Sworn Petition with the clerk of the magistrate division of the district court in the county where you live or where the abuse occurred. There is no filing fee, service fee, or bond (Idaho Code 39-6305). Ask the clerk when a magistrate will decide on your temporary order.
Get and carry the temporary protection order
Same day the magistrate signs it days after startingIf the magistrate grants an ex parte temporary protection order (Idaho Code 39-6308), get the signed order and keep a copy with you. It is effective for a fixed period not to exceed fourteen days, until your hearing. Note your hearing date from the paperwork.
Arrange service on the respondent
Before the hearing days after startingHave a law enforcement officer serve the respondent with the petition, the temporary order, and the notice of hearing, then confirm the return of service is filed. Service is required for the court to issue a final protection order at the hearing.
Attend the court hearing with your evidence
Within fourteen days of the temporary order days after startingGo to the full hearing and bring photos, messages, and any witnesses. Both sides can testify. The court decides whether to issue a final protection order (Idaho Code 39-6306). If you miss the hearing, your temporary order can expire.
Track the expiration and renew if needed
Before the order expires (up to 1 year out) days after startingA final protection order lasts for a fixed period not to exceed one year (Idaho Code 39-6306). Calendar the expiration date and file a motion to continue it before it ends, on good cause, for an appropriate time or permanently.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Complete the Sworn Petition for Protection Order | Fill out the Sworn Petition for Protection Order describing the abuse, your relationship, and specific dates, and prepare the related forms for the temporary order and notice of hearing. Use the free Idaho Courts self-help forms and a Court Assistance Office if you need help. Attorney review of your petition is available through DocDraft. | - | As soon as possible after the abuse |
| File your petition with the magistrate court | File the Sworn Petition with the clerk of the magistrate division of the district court in the county where you live or where the abuse occurred. There is no filing fee, service fee, or bond (Idaho Code 39-6305). Ask the clerk when a magistrate will decide on your temporary order. | - | Same day you finish the forms |
| Get and carry the temporary protection order | If the magistrate grants an ex parte temporary protection order (Idaho Code 39-6308), get the signed order and keep a copy with you. It is effective for a fixed period not to exceed fourteen days, until your hearing. Note your hearing date from the paperwork. | - | Same day the magistrate signs it |
| Arrange service on the respondent | Have a law enforcement officer serve the respondent with the petition, the temporary order, and the notice of hearing, then confirm the return of service is filed. Service is required for the court to issue a final protection order at the hearing. | - | Before the hearing |
| Attend the court hearing with your evidence | Go to the full hearing and bring photos, messages, and any witnesses. Both sides can testify. The court decides whether to issue a final protection order (Idaho Code 39-6306). If you miss the hearing, your temporary order can expire. | - | Within fourteen days of the temporary order |
| Track the expiration and renew if needed | A final protection order lasts for a fixed period not to exceed one year (Idaho Code 39-6306). Calendar the expiration date and file a motion to continue it before it ends, on good cause, for an appropriate time or permanently. | - | Before the order expires (up to 1 year out) |
Frequently Asked Questions
No. Idaho Code 39-6305 states that no filing fee, service fee, hearing fee, or bond shall be charged for proceedings seeking only the relief provided under the Domestic Violence Crime Prevention Act. That means you are not charged to file your petition or to have the respondent served.
You can file if the person who abused you is a spouse or former spouse, a family or household member, a co-parent, or someone you have or had a dating relationship with (Idaho Code 39-6303). A parent or guardian can file on behalf of a minor child who is a victim.
Under Idaho Code 39-6303, domestic violence means the physical injury, sexual abuse, or forced imprisonment of a family or household member, or the threat of those acts. It does not require a criminal charge or conviction. You describe the acts and dates in your sworn petition for the court to review.
You start with the Sworn Petition for Protection Order, filed with related Court Assistance Office forms for the temporary order and the notice of hearing. The Idaho Courts self-help website at courtselfhelp.idaho.gov and each county Court Assistance Office provide the current forms and instructions at no charge.
At the full hearing, set within fourteen days of the temporary order, both you and the respondent can attend, present evidence, and testify. The court decides whether to issue a final protection order and what terms to include. If the respondent was served and does not appear, the court can still grant it.
Yes. A final protection order lasts for a fixed period not to exceed one year, but Idaho Code 39-6306 lets the court, on a motion and good cause shown, continue it for an appropriate time or make it permanent. File your motion before the current order expires.
Violating a protection order is a crime in Idaho. Call the police, who can arrest the person, and the court can also enforce the order. Keep a copy with you at all times and report every violation. Active orders are entered in a law enforcement database so any officer can enforce them.
No. Idaho courts are set up for people to request protection orders on their own, with free forms and a Court Assistance Office in each county. Many people file without a lawyer, especially for a temporary order. Legal help can be useful if the case is contested or the respondent has an attorney.
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