Civil Protection Orders

Civil Protection Orders

A civil protection order is a legal document that is used to prohibit an aggressor’s access to their victim. This document is issued by a civil court and orders the aggressor to stop contact with their victim and to stay away from their victim as well.

Any person who feels they are in danger of or have experienced domestic violence from someone close to them can file for a civil protection order pursuant to Idaho Code § 39-6310.

However, to qualify for a domestic violence protection order this aggressor must be:

  • A current or former spouse;
  • A relative;
  • A roommate;
  • Someone they share a child with; or
  • A dating or intimate partner.

Petitioning for a Civil Protection Order

To petition for a civil protection order, the victim or someone close to the victim must submit a document to the court that details why they are seeking this order. Additionally, the document asks the court to enter an order of protection for a certain period of time. Once this petition is filed, the court will grant a temporary order for 14 days or until a hearing can be held to deal with the issue.

A copy of the petition is served to the alleged aggressor who has the legal right to go before the judge and speak at the hearing. The alleged aggressor can choose to fight the order or allow it to be put in place. If they choose to fight the order, the victim is responsible for proving why the order is necessary.

You may also seek a civil protection order to protect you from stalking, telephone threats, or malicious harassment.

You do not have to have a qualifying relationship with the aggressor to qualify for a protection order under Idaho Code §18-7907.

For Civil Protection Orders,
call Davis and Hoskisson, PLLC today.