A restraining order—also known as a protective order, a stay away order of protection, or an order of protection—is an order from the court requiring spouses in the divorce process (or other intimate partners) not to come within a specified distance of the other spouse, not to harass the other spouse, and not to contact the other spouse by phone, e-mail, text, or otherwise. A protective order may also order the spouse against whom it is issued not to carry a firearm—even if the spouse is licensed to do so.
Under some circumstances a court may issue an ex parte (pronounced x-par-tay) temporary protective order that is in effect for a certain number of days. An ex parte protective order is issued in an emergency situation without notice to the other spouse and an opportunity for the other spouse (and the spouse’s lawyer) to respond to the application for a protective order. When the spouse or intimate partner is served with the ex parte temporary protective order it will include notice of the hearing date on which the court will consider the application for the more permanent or full order of protection.
Laws regarding protective orders and the circumstances under which they may be issued vary from state to state but are generally based on proof of family or dating violence, domestic abuse, stalking, harassment, sexual abuse, or sexual assault. These laws are usually located in a state’s statutes—often in the family code or domestic relations code.
In Idaho, a restraining order, also known as a protective order, is a legal directive issued by a court to protect individuals from abuse or harassment during the divorce process or within an intimate relationship. These orders can mandate that one party refrain from contacting the other, maintain a certain distance, and may even prohibit the possession of firearms, regardless of licensing. Idaho law allows for the issuance of ex parte temporary protective orders in emergency situations, which are granted without prior notice to the other party and are effective for a specified period. The served party is then notified of a hearing date for a more permanent order. Idaho's statutes require evidence of domestic violence, stalking, harassment, sexual abuse, or assault to issue such orders. These regulations are typically found in the state's family or domestic relations code. It is important for individuals seeking or affected by a protective order in Idaho to consult with an attorney to understand their rights and obligations under the state's specific legal framework.