What is a restraining order?

A restraining order is a court order issued by a judge that requires one person to stay away from and not contact another person. It is typically used as a means to protect someone from being threatened, harassed, or physically harmed. In Idaho, a restraining order can be acquired by filing a petition in the district or magistrate court in your county. The petition must include a statement of the facts amounting to a threat of physical harm, harassment, or stalking. If the judge is convinced that there is a credible threat of physical harm, the judge will issue a restraining order. A valid restraining order will include the names of the persons involved, the address of the restrained person, the duration of the order, a prohibition of any contact or communication via any means, and a provision that the restrained person must stay away from the protected person. Restraining orders are legally binding orders, and failure to follow them can result in criminal charges. Restraining orders are serious matters and should not be taken lightly.

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