English
EspañolWho can get a protection order?
You may file for a protection order if you have been the victim of abuse by a family or household member or a dating partner. This includes:
- your current or former spouse;
- family members related to you by blood, adoption, or marriage;
- anyone you live with now or lived with in the past;
- anyone with whom you have a child; and
- anyone you are or were dating.1
A custodial or noncustodial parent or guardian may file a petition for a child under age 18 who is the victim of domestic violence.2
1 I.C. § 39-6303
2 I.C. §§ 32-101; 39-6304(2)
Can I get a protection order against a same-sex partner?
In Idaho, you may apply for a protection order against a current or former same-sex partner as long as the relationship meets the requirements listed in Who can get a protection order? You must also be the victim of an act of domestic violence, which is explained in What is the legal definition of domestic violence in Idaho?
You can find information about LGBTQIA victims of abuse and what types of barriers they may face on our LGBTQIA Victims page.
Can a minor get a protection order?
A custodial or noncustodial parent or guardian may file a petition for a child under age 18 who is the victim of domestic violence.1
1 I.C. §§ 32-101; 39-6304(2)
What can I do if I don't qualify for a protection order?
Even if you don’t qualify for a protection order, the abuser may be committing a crime. To read the definitions of some crimes in Idaho, go to our Idaho Crimes page. If criminal charges are pressed, the criminal court judge may give you a no contact order that tells the abuser to stay away from you and have no contact with you.
In addition, you may qualify for a protection order against malicious harassment, stalking, and telephone harassment if you are the victim of stalking or harassment.
If you’re being abused emotionally or in some other way that is not covered by a protection order, you may want to contact a domestic violence organization in your area. They can help you figure out your options and offer you support. To find help in your state, please click on the Idaho Places that Help page.
