In Idaho, you can obtain a Civil Protection Order (CPO) based on two main categories: (1) Malicious Harassment and (2) Domestic Violence.

Malicious Harassment:

This is a broad term that includes several sub categories, which are identified in Idaho Code 18-7907, as noted below.

18-7907.  action for protection. (1) There shall exist an action known as a "petition for a protection order" in cases where a person intentionally engages in the following conduct:

(a)  Stalks, in any degree, as described in sections 18-7905 and 18-7906, Idaho Code;

(b)  Telephones another with the intent to terrify, threaten, or intimidate such other person and addresses to such other person any threat to inflict injury or physical harm to the person addressed or any member of his family and engages in such conduct with any device that provides transmission of messages, signals, facsimiles, video images, or other communication by means of telephone, telegraph, cable, wire, or the projection of energy without physical connection between persons who are physically separated from each other; or

(c)  Based upon another person’s race, color, religion, ancestry, or national origin, intimidates or harasses another person or causes, or threatens to cause, physical injury to another person or damage to any real or personal property of another person.

In addition to meeting the standard of the particular type of activity (stalking, telephone threats, etc.) the Court may grant the protection order if the following conditions are also met: 

(4)  Upon a showing by a preponderance of the evidence that a person for whom protection is sought in the petition was the victim of conduct committed by the respondent that constitutes conduct as described in subsection (1) of this section, within ninety (90) days immediately preceding the filing of the petition, and that such conduct is likely to occur in the future to such person, the court may issue a protection order.

Domestic Violence:

"Domestic violence" means the physical injury, sexual abuse or forced imprisonment or threat thereof of a family or household member, or of a minor child by a person with whom the minor child has had or is having a dating relationship, or of an adult by a person with whom the adult has had or is having a dating relationship. Idaho Code 39-6303.

A party may obtain a civil protection order if they can prove by a preponderance of the evidence (more likely than not) that they or a family or household member, whether an adult or a child, are the victim of domestic violence.

A civil protection under "Domestic Violence" also will impact a person's ability to possess firearms. 

These are serious cases that can quickly impact your life in many different ways. Please contact our office if you have any questions about seeking or defending against a civil protection order.