How to Get a Restraining Order in Idaho: Process, Proof & Timeline

In Idaho, what people call a "restraining order" is filed as a petition for a protection order with the magistrate division of the district court, on a sworn affidavit describing what happened to you. There is no fee to file or to have the other person served, and once you file, the court must hold a hearing within 14 days. Idaho actually has two different civil orders depending on your relationship to the other person and what they did, so the first real step is figuring out which one applies to you.

Two different Idaho orders — pick the right one

1. Domestic violence protection order. This is the order most people mean when they say "restraining order." It's available when the person hurt you, sexually abused you, forcibly imprisoned you, or threatened to do any of those things, and you are a family member, household member, or dating partner of that person. Under Idaho law, a "family member" includes a spouse, a former spouse, or someone related to you by blood, adoption, or marriage. A "household member" includes people who live together or have lived together, or who have a child in common. A parent or guardian can also file this type of petition on behalf of a minor child.

2. Civil protection order for stalking or malicious harassment. This is a separate order, available against any person — not just a family or household member — when you can show, by a preponderance of the evidence (meaning it's more likely than not), that you were a victim of stalking or malicious harassment within the 90 days before you filed, and that the conduct is likely to happen again. If granted, this order can include a distance restriction of up to 1,500 feet.

If your situation involves a partner, ex, roommate, or relative and physical harm or the threat of it, the domestic violence order is generally the fit. If it's someone outside that circle — an acquaintance, neighbor, or stranger — who is following, watching, or repeatedly contacting you, the stalking/harassment order is the one built for that.

What counts as proof

The two orders use different showings, and this affects how you tell your story to the court:

• Domestic violence order: to get relief, you need to show the court there is an immediate and present danger of domestic violence. Be specific and factual in your affidavit — dates, what was said or done, injuries, threats, and any witnesses or records you have.
• Stalking/malicious harassment order: you need to show, by a preponderance of the evidence, that the stalking or harassment happened within the last 90 days and that it's likely to continue. Document the pattern — messages, sightings, contacts — since a single old incident outside the 90-day window, on its own, is not what this order is designed for.

Timeline — and what's time-sensitive

Time-sensitive: several deadlines here run on the clock the moment you file or the moment an order is issued, so don't sit on paperwork if you're in danger.

• Domestic violence petitions: the court must hold a hearing on your petition within 14 days of filing. If you show immediate and present danger, the court can grant relief at that stage. Any protection granted is for a fixed period, capped at one year — after that, you (or the case) can be brought back for the order to be continued for an appropriate time or made permanent, but only on motion and a showing of good cause. Mark your calendar well before the one-year mark if you'll need to ask for an extension.
• Stalking/malicious harassment petitions: if you get an emergency ex parte order (issued without the other person present), it is only good for up to 14 days, though the court can reissue it for good cause. The full hearing on the petition must be set no later than 14 days from when that ex parte order was issued. Because the ex parte order can lapse quickly, keep track of your hearing date rather than assuming the order will simply carry over.

The materials available don't specify how long a stalking/harassment order lasts once it's granted after the full hearing — that detail varies by case, so confirm the exact duration and any renewal process with your court or the Idaho Court Assistance Office when your order is issued.

Does an Idaho order protect you if you leave the state?

Yes. Under the federal Violence Against Women Act, a valid protection order issued in Idaho (or any other state, tribe, or territory) must be given full faith and credit and enforced in every other state — so an Idaho order doesn't stop working the moment you cross a state line. It's also a separate federal crime for someone to cross state lines to stalk a partner or to violate a protection order, on top of whatever Idaho does to enforce it locally.

What you can do in Idaho

1. Identify which order fits. If the person is a spouse, ex, relative, dating partner, or someone you've lived with (or share a child with) and there's been physical harm, sexual abuse, forced confinement, or a threat of these — that's the domestic violence protection order. If it's anyone else engaged in stalking or malicious harassment in the last 90 days, that's the separate civil protection order under Title 18.
2. Get the petition forms. Idaho lets you file through the Idaho Courts Guide & File online system, or you can get help through your local Court Assistance Office. There is no charge to file the petition or to have it served on the other person.
3. Write a specific, factual sworn affidavit. Include dates, what happened, any injuries or threats, and names of witnesses. For a stalking/harassment petition, anchor at least one incident within the 90 days before you file and describe why the conduct is likely to continue.
4. Ask for emergency relief if you're in immediate danger. Say so clearly in your petition — for domestic violence cases this is the "immediate and present danger" showing; for stalking/harassment cases, ask for the ex parte temporary order.
5. Attend your hearing. The court must set it within 14 days of filing (domestic violence) or, if there was an ex parte order, within 14 days of that order being issued (stalking/harassment). Bring your evidence and be ready to describe what happened in your own words.
6. Track your order's expiration. Domestic violence relief tops out at one year unless you go back to court and show good cause to continue or make it permanent. Ex parte stalking/harassment orders expire in 14 days unless reissued. Ask the court clerk or the Court Assistance Office what happens to your order after the full hearing, since that duration isn't standardized in the same way.
7. Keep certified copies with you, including if you travel or move out of state — under federal law, a valid Idaho order must be enforced in other states too.

Frequently asked questions

Does it cost anything to file for a restraining order in Idaho?

No. There is no charge to file a petition for a protection order in Idaho, and no charge to have it served on the other person.

What's the difference between the two Idaho protection orders?

The domestic violence protection order requires a family, household, or dating relationship and physical injury, sexual abuse, forced imprisonment, or a threat of these. The civil stalking/malicious harassment order is available against anyone, based on stalking or harassment within the last 90 days that's likely to continue, and can include a distance restriction of up to 1,500 feet.

How fast will I get a court date?

For a domestic violence petition, the court must hold a hearing within 14 days of filing. For a stalking/harassment petition where an emergency ex parte order was issued, the full hearing must happen no later than 14 days after that ex parte order was issued.

How long does a protection order last?

A domestic violence order is granted for a fixed period of up to one year, and can be continued or made permanent later on motion and a showing of good cause. An ex parte stalking/harassment order lasts up to 14 days (reissuable for good cause); ask the court about the duration of the order issued after your full hearing, since the materials don't fix that length.

Will my Idaho order still protect me if I move to another state?

Yes. Under the federal Violence Against Women Act, a valid protection order from Idaho must be enforced in every other state, tribe, or territory, and crossing state lines to violate it or to stalk a partner is a separate federal crime.

This article is general information about Idaho court procedures, not legal advice for your situation — for help with your specific case, contact the Idaho Court Assistance Office or a local court self-help center.