Idaho State Statutes - Idaho Attorney Directory

HEARING ON PETITION FOR PROTECTION ORDER -- RELIEF PROVIDED AND
REALIGNMENT OF DESIGNATION OF PARTIES. (1) Upon filing of a petition based
upon a sworn affidavit for a protection order, the court shall hold a hearing
to determine whether the relief sought shall be granted within fourteen (14)
days. If either party is represented by counsel at a hearing seeking entry of
a protection order, the court shall permit a continuance, if requested, of the
proceedings so that counsel may be obtained by the other party. If the court
finds that it is necessary for both parties to be represented by counsel, the
court shall enter appropriate orders to insure that counsel is retained. The
order entered may require either the petitioner or respondent, or both, to pay
for costs of counsel. Upon a showing that there is an immediate and present
danger of domestic violence to the petitioner the court may, if requested,
order for a period not to exceed three (3) months that:
(a) Temporary custody of the minor children of the petitioner or of the
parties be awarded to the petitioner or respondent if exercise of such
jurisdiction is consistent with the provisions of section 32-11-204, Idaho
Code, and consistent with prior custody orders entered by a court of
competent jurisdiction unless grounds exist pursuant to section 32-717,
Idaho Code;
(b) A party be restrained from committing acts of domestic violence;
(c) Exclude the respondent from the dwelling which the parties share or
from the residence of the petitioner;
(d) The respondent be ordered to participate in treatment or counseling
services. The council on domestic violence, in recognition of the
particular treatment requirements for batterers, shall develop minimal
program and treatment standards to be used as guidelines for recommending
approval of batterer programs to the court;
(e) Other relief be ordered as the court deems necessary for the
protection of a family or household member, including orders or directives
to a peace officer, as allowed under this chapter;
(f) The respondent be required to pay service fees, and to reimburse the
petitioner for costs incurred in bringing the action, including a
reasonable attorney's fee;
(g) The respondent be restrained from contacting, molesting, interfering
with or menacing the minor children whose custody is awarded to the
petitioner; and/or
(h) The respondent be restrained from entering any premises when it
appears to the court that such restraint is necessary to prevent the
respondent from contacting, molesting, interfering with or menacing the
petitioner or the minor children whose custody is awarded to the
petitioner.
(2) Immediate and present danger under this section includes, but is not
limited to, situations in which the respondent has recently threatened the
petitioner with bodily harm or engaged in domestic violence against the
petitioner.
(3) No order made under this chapter shall in any manner affect title to
real property.
(4) Relief shall not be denied because petitioner used reasonable force
in self-defense against respondent, or because petitioner or respondent was a
minor at the time of the incident of domestic violence.
(5) Any relief granted by the protection order, other than a judgment for
costs, shall be for a fixed period not to exceed three (3) months; provided,
that an order obtained pursuant to this chapter may, upon motion and upon good
cause shown, be renewed for additional terms not to exceed one (1) year each
if the requirements of this chapter are met. The motion to renew an order may
be granted without a hearing, if not timely objected to by the party against
whom the order was entered.
(6) In providing relief under this chapter, the court may realign the
designation of the parties as "petitioner" and "respondent" where the court
finds that the original petitioner is the abuser and the original respondent
is the victim of domestic violence.

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