Civil Protection Orders & No Contact Orders

NO CONTACT ORDER - I.C. § 18-920

When a person is charged with or convicted of a qualifying offense—such as assault, battery, stalking, telephone harassment, domestic violence, or any other offense for which a court finds that a no contact order is appropriate—the court may issue a No Contact Order (NCO) forbidding contact with another person.

Violation of a No Contact Order

  • An NCO violation occurs when the person subject to the NCO has notice of the order and has had contact with the protected person (whether in person, by actual or attempted written or voice communication, or through a third party) in violation of the order.
  • An NCO violation is punishable by a fine of up to $1,000 and/or by imprisonment in the county jail for up to one (1) year.
  • An NCO violation may be enhanced to a felony offense if the defendant has been convicted on two or more prior NCO violations within five (5) years.  The maximum penalties for a felony NCO violation is a fine of up to $5,000 and/or imprisonment in the state prison for up to five (5) years.

 

CIVIL PROTECTION ORDER - I.C. § 39-6301 et seq. 

If you are the victim of domestic violence, you have the right to petition for a Civil Protection Order (CPO) to prohibit the offender from further abusing, stalking, or contacting you for a set period.  You may file a petition for a CPO whether or not criminal charges have been filed and whether or not you have left the residence or household to escape the abusive conduct.

Who Can File for a Civil Protection Order?

·  For Victims of Domestic Violence

     To obtain a CPO for Domestic Violence, either you, your minor, or a direct family member must have been subject to domestic violence, which is defined in the statute as follows: “the physical injury, sexual abuse or forced imprisonment or threat thereof.”

     You and the offender must also have, or have had, at least one of the following connections:

      • Spouses or former spouses
      • Current or former cohabitants
      • Parents of a child in common
      • Currently or formerly in a dating relationship (“a social relationship of a romantic nature”)
      • Parent/child relationship
      • Related by blood, adoption, or marriage

·  For Victims of Malicious Harassment

     To obtain a CPO for Malicious Harassment, no specific relationship with the offender is required. However, the offender must have exhibited one of the following behaviors within the last ninety (90) days:

      • Stalking as described in I.C. §§ 18-7905 and 18-7906
      • Telecommunication contact with the intent to terrify, threaten, or intimidate another person that addresses to the other person any threat to inflict injury or physical harm to the person or any member of the person’s family
      • Intimidating, harassing, causing, or threatening to cause, physical injury to another person or damage to any real or personal property of another person based upon the person’s protected characteristics

A CPO can do many things, including some or all of the following:

  • Prohibit the offender from further acts of abuse, stalking, and/or harassment
  • Prohibit the offender from having contact with you in specific ways, at specific time, or in any way whatsoever
  • Require the offender to leave your residence
  • Prohibit the offender from going within a specified distance of your residence, school, and/or place of business or employment
  • Prohibit the offender from having custody of, interfering with, or interacting with minor children in your custody

Violation of a Civil Protection Order

  • A CPO violation occurs when the person to be restrained has had contact with the protected person(s), violated any distance restriction in the order, or violated any other restrictive term or prohibition in the order.
  • A violation is punishable by a fine of up to $5,000 and/or by imprisonment in the county jail for up to one (1) year.

 

No Contact Order vs. Civil Protection Order

No Contact Order

Civil Protection Order
Only applies to the defendant in a criminal case. May apply to both parties and subject both parties to the terms, regardless of whether either party has been charged with a crime.
Lasts for one year from the date of issuance or until dismissal of the case, whichever occurs first; however, an NCO may be extended one or more times, and for one or more years. Temporary Civil Protection Orders (TCPO) are issued after an ex parte hearing without the offender present and last for fourteen (14) days or until the full hearing on whether a full CPO should be entered, which may last from ninety (90) days up to one (1) year.
A magistrate judge may issue an NCO at any time after a defendant is charged with or convicted of a qualifying offense (or any other offense it deems appropriate) upon motion of a party or on its own.  The NCO is then served on the defendant, whether directly in court or by the sheriff’s office. A CPO requires that you file a petition with the court and make sufficient showing of the relationship and conduct elements required for the Order.  The court will automatically send notice of the TCPO and the hearing if the offender lives in Idaho, but you may need to arrange service if the offender resides outside of Idaho.
May be enhanced to a felony if there are two prior convictions for NCO violation within five (5) years of the current NCO violation. A criminal charge for violating a CPO is not subject to enhancement based on prior convictions.

Criminal Contact Info

Phone: (208) 769-2323
Fax: (208) 769-2326

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