Understanding Protective Orders and
No-Contact Orders in Idaho

Understanding Protective Orders and No-Contact Orders in Idaho

Civil protective orders and no-contact orders are legally enforceable orders issued by courts that prevent individuals from contacting one another. These orders are fairly common in Idaho criminal and civil cases, especially those involving domestic violence, harassment, stalking, or assault. Although these orders sound similar, they serve different legal purposes and carry different consequences. If you are subject to a protective or no-contact order, understanding how each one works can help you avoid violations and protect your rights.

As Sullivan Law Office in Coeur d’Alene, Idaho, we defend individuals accused of Idaho crimes, and our clients are occasionally subject to these types of orders. In our practice, we often explain what these orders require to help our clients avoid further legal trouble.

Protective Orders vs. No-Contact Orders: The Basics

Idaho uses two primary types of court-issued orders that restrict contact between individuals:

1. Civil Protective Orders (CPOs)

These are typically requested by an individual who feels threatened or harmed. Importantly, it is not necessary for a criminal charge to be filed in order to obtain a CPO. These are civil proceedings.

A person can request a civil protection order if they allege:

• Domestic violence
• Stalking
• Harassment
• Violence
• Sexual assault

A civil protective order can be issued even without a police report and may remain in effect for months or years depending on the case.

2. Criminal No-Contact Orders (NCOs)

These are imposed by a court as part of a criminal case. They usually apply when someone is charged with:

• Domestic battery
• Assault
• Stalking
• Harassing communications
• DUI with a victim
• Any offense involving a protected individual

In many criminal cases, a no-contact order is issued at the defendant’s first court appearance (arraignment).

What These Orders Prohibit

Both CPOs and NCOs restrict contact. Common restrictions include:

• No in-person contact
• No phone calls, texts, email, mail, or messaging
• No third-party communication
• No visiting protected locations such as home, school, or workplace
• No firearm possession (in many protective order cases)
• Responding to contact from the protected party may still be considered a violation

How These Orders Are Issued

Civil Protective Orders

To obtain a CPO, a petition must be filed with the court. Judges can issue a Temporary Protection Order (TPO) the same day the petition is filed. This can occur without notifying the defendant beforehand.

A hearing is then scheduled within 14 days where both sides present evidence. The judge then decides whether to issue a longer-term order (up to one year, with possible extensions) or dismiss it.

Criminal No-Contact Orders

NCOs are issued during criminal proceedings, typically at arraignment. The defendant enters a plea and the order remains in place while the case is pending unless modified by the court.

Violations can result in additional criminal charges, even if the protected person initiated contact.

Penalties for Violating Protective or No-Contact Orders

Violations are taken seriously in Idaho and can result in criminal charges. Potential penalties include:

• Misdemeanor charges
• Up to 1 year in jail
• Fines up to $1,000
• Revocation of pretrial release
• Stricter court conditions
• Negative impact on existing or future criminal cases

Even accidental contact, such as encountering the protected person in public, can lead to legal consequences if you do not immediately leave.

Can These Orders Be Modified or Lifted?

Judges can modify or dismiss both CPOs and NCOs under certain circumstances. However:

• The protected person cannot cancel the order on their own
• The defendant must file a motion and attend a hearing
• The judge must determine modification is safe and appropriate

Courts are typically cautious when considering changes, particularly in domestic violence situations.

Why You Should Have an Attorney in Cases Involving CPOs and NCOs

Protective orders can affect housing, childcare, employment, and criminal cases. Hiring a defense attorney early can help protect your rights.

An attorney can:

• Challenge improperly issued orders
• Request modifications for communication or residence needs
• Represent you at hearings
• Dispute false or exaggerated allegations
• Defend against violation accusations

Even a single violation can worsen your situation, making early legal representation extremely important.

If you are facing a protective order, a no-contact order, or allegations of violating one, contact Sullivan Law Office, PLLC immediately. We can explain your options, protect your rights, and guide you through the legal process.

This provides general information and is not legal advice for any specific case or person.