Restraining Orders

When you first filed your petition, you would have received a date to return to court for a hearing. You must go to that hearing. If you do not go to the hearing, your temporary order will expire and you will have to start the process over. If the abuser does not show up for the hearing, the judge may still grant you a protection order or the judge may order a new hearing date.

At the hearing, it can help to have a lawyer to make sure your rights are protected. This is especially true if the abuser has a lawyer. If you go to the hearing and the abuser has a lawyer, you can ask for a “continuance.” This means postponing the case so that you can get a lawyer, too. Also, if the judge believes that you and the abuser both need lawyers, the judge can order that you both hire (retain) lawyers. The order may require you, the abuser, or both of you to pay for the attorneys’ fees.¹ If you cannot afford a lawyer, you can try to get one through a local legal services organization if you qualify. Go to Idaho Finding a Lawyer for legal referrals. If you cannot get a lawyer, see our At the Hearing page for tips on representing yourself.

¹ I.C. § 39-6306(1)