Idaho State Statutes - Idaho Attorney Directory

ORDER -- TRANSMITTAL TO LAW ENFORCEMENT AGENCY -- RECORD IN
IDAHO LAW ENFORCEMENT TELECOMMUNICATIONS SYSTEM -- ENFORCEABILITY. (1) The
orders issued under sections 39-6306 and 39-6308, Idaho Code, or foreign
protection orders recognized under section 39-6306A, Idaho Code, shall be in a
form approved by the supreme court of the state of Idaho.
(2) (a) A copy of a protection order granted or a foreign protection
order recognized under this chapter shall be forwarded by the clerk of the
court on or before the next judicial day to the appropriate law
enforcement agency specified in the order.
(b) Upon receipt of the order, the law enforcement agency shall forthwith
enter the order and its expiration date into the Idaho law enforcement
telecommunications system available in this state used by law enforcement
agencies to list outstanding warrants. Notification of service as required
in section 39-6310, Idaho Code, shall also be entered into the Idaho law
enforcement telecommunications system upon receipt. Entry into the Idaho
law enforcement telecommunications system constitutes notice to all law
enforcement agencies of the existence of the order. The order is fully
enforceable in any county in the state. Renewals of the order shall be
recorded in the same manner as original orders. The information entered
shall specifically state that the protection order is civil in nature. If
the appropriate law enforcement agency determines that the service
information sheet is incomplete or cannot be entered into the Idaho law
enforcement telecommunications system upon receipt, the service
information sheet shall be returned to the clerk of the court. The clerk
of the court shall then notify the petitioner of the error or omission.
(3) Law enforcement agencies shall establish procedures reasonably
adequate to assure that an officer approaching or actually at the scene of an
incident of domestic violence may be informed of the existence and terms of
such protection order.
(4) A protection order shall remain in effect for the term set by the
court or until terminated by the court. A protection order 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. If the petitioner voluntarily and
without duress consents to the waiver of any portion of the protection order
vis-a-vis the respondent pursuant to section 39-6313, Idaho Code, the order
may be modified by the court.

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