Idaho State Statutes - Idaho Attorney Directory

(1) Where an application
under this section alleges that irreparable injury could result from domestic
violence if an order is not issued immediately without prior notice to the
respondent, the court may grant an ex parte temporary protection order based
upon the affidavit submitted or otherwise shall hold a hearing which may be ex
parte on the day a petition is filed or on the following judicial day to
determine whether the court should grant an ex parte temporary protection
order, pending a full hearing, and grant such other relief as the court deems
proper, including an order:
(a) Restraining any party from committing acts of domestic violence;
(b) Excluding any party from the dwelling shared or from the residence of
the other until further order of the court;
(c) Restraining any party from interfering with the other's custody of
the minor children or from removing the children from the jurisdiction of
the court;
(d) Ordering other relief 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;
(e) Restraining the respondent from contacting, molesting, interfering
with or menacing the minor children whose custody is awarded to the
petitioner;
(f) Restraining the respondent 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; and/or
(g) Restraining the respondent from taking more than personal clothing and
toiletries and any other items specifically ordered by the court.
(2) An ex parte hearing to consider the issuance of a temporary
protection order may be conducted by telephone in accordance with procedures
established by the Idaho supreme court.
(3) Irreparable injury under this section includes but is not limited to
situations in which the respondent has recently threatened the petitioner with
bodily injury or has engaged in acts of domestic violence against the
petitioner.
(4) The court shall hold an ex parte hearing on the day the petition is
filed or on the following judicial day.
(5) An ex parte temporary protection order shall be effective for a fixed
period not to exceed fourteen (14) days, but may be reissued. A full hearing,
as provided in this chapter, shall be set for not later than fourteen (14)
days from the issuance of the temporary order. The respondent shall be served
with a copy of the ex parte order along with a copy of the petition and notice
of the date set for the hearing. If the ex parte temporary protection order
substantially affects the respondent's rights to enter the domicile or the
respondent's right to custody or visitation of the respondent's children and
the ends of justice so require, the respondent may move the court for an order
shortening the time period within which the hearing required under the
provisions of section 39-6306, Idaho Code, must be held. Motions seeking an
order shortening the time period must be served upon the petitioner at least
two (2) days prior to the hearing on the motion.

Click here to visit the Official Idaho State Statutes