Section 39-6301 – SHORT TITLE.
39-6301. SHORT TITLE. This chapter shall be known and may be cited as the "Domestic Violence Crime Prevention Act." History: [39-6301, added 1988, ch. 341, sec. 1, p. 1013.]
Section 39-6302 – STATEMENT OF PURPOSE.
39-6302. STATEMENT OF PURPOSE. For purposes of this chapter, the legislature adopts by reference the declaration of policy in section 39-5201, Idaho Code. Additionally, the legislature finds that a significant number of homicides, aggravated assaults, and assaults and batteries occur within the home between adult members of families. Furthermore, research shows that domestic violence is […]
Section 39-6303 – DEFINITIONS.
39-6303. DEFINITIONS. (1) "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 […]
Section 39-6304 – ACTION FOR PROTECTION.
39-6304. ACTION FOR PROTECTION. (1) There shall exist an action known as a "petition for a protection order" in cases of domestic violence. (2) A person may seek relief from domestic violence by filing a petition based on a sworn affidavit with the magistrates division of the district court, alleging that the person or a […]
Section 39-6305 – FEES WAIVED.
39-6305. FEES WAIVED. No filing fee, service fee, hearing fee or bond shall be charged for proceedings seeking only the relief provided under this chapter. History: [39-6305, added 1988, ch. 341, sec. 1, p. 1014.]
Section 39-6306 – HEARING ON PETITION FOR PROTECTION ORDER — RELIEF PROVIDED AND REALIGNMENT OF DESIGNATION OF PARTIES.
39-6306. HEARING ON PETITION FOR PROTECTION ORDER — RELIEF PROVIDED AND REALIGNMENT OF DESIGNATION OF PARTIES. (1) Upon filing of a petition based upon a sworn affidavit for a protection order, the court shall hold a hearing to determine whether the relief sought shall be granted within fourteen (14) days. If either party is represented […]
Section 39-6306A – UNIFORM INTERSTATE ENFORCEMENT OF DOMESTIC VIOLENCE PROTECTION ORDERS ACT.
39-6306A. UNIFORM INTERSTATE ENFORCEMENT OF DOMESTIC VIOLENCE PROTECTION ORDERS ACT. (1) Short Title. This section may be cited as the "Uniform Interstate Enforcement of Domestic Violence Protection Orders Act." (2) Definitions. As used in this section: (a) "Issuing state" means the state whose tribunal issues a protection order. (b) "Mutual foreign protection order" means a […]
Section 39-6307 – SECURITY.
39-6307. SECURITY. Whenever a protection order is issued under this chapter, the issuing court may set a security amount for a violation of the order. History: [39-6307, added 1988, ch. 341, sec. 1, p. 1015.]
Section 39-6308 – EX PARTE TEMPORARY PROTECTION ORDER.
39-6308. EX PARTE TEMPORARY PROTECTION ORDER. (1) Where an application under this section alleges that irreparable injury could result from domestic violence if an order is not issued immediately without prior notice to the respondent, the court may grant an ex parte temporary protection order based upon the affidavit submitted or otherwise shall hold a […]
Section 39-6309 – ISSUANCE OF ORDER — ASSISTANCE OF PEACE OFFICER — DESIGNATION OF APPROPRIATE LAW ENFORCEMENT AGENCY.
39-6309. ISSUANCE OF ORDER — ASSISTANCE OF PEACE OFFICER — DESIGNATION OF APPROPRIATE LAW ENFORCEMENT AGENCY. When an order is issued or a foreign protection order is recognized under this chapter upon request of the petitioner, the court may order a peace officer to accompany the petitioner and assist in placing the petitioner in possession […]
Section 39-6310 – ORDER AND SERVICE.
39-6310. ORDER AND SERVICE. (1) An order issued under this chapter along with a copy of the petition for a protection order, if the respondent has not previously received the petition, shall be personally served upon the respondent, except as provided in subsections (6), (7) and (8) of this section. (2) A peace officer of […]
Section 39-6311 – ORDER — TRANSMITTAL TO LAW ENFORCEMENT AGENCY — RECORD IN IDAHO PUBLIC SAFETY AND SECURITY INFORMATION SYSTEM — ENFORCEABILITY.
39-6311. ORDER — TRANSMITTAL TO LAW ENFORCEMENT AGENCY — RECORD IN IDAHO PUBLIC SAFETY AND SECURITY INFORMATION SYSTEM — ENFORCEABILITY. (1) The orders issued under sections 39-6306 and 39-6308, Idaho Code, or foreign protection orders recognized under section 39-6306A, Idaho Code, shall be in a form approved by the supreme court of the state of […]
Section 39-6312 – VIOLATION OF ORDER — PENALTIES.
39-6312. VIOLATION OF ORDER — PENALTIES. (1) Whenever a protection order is granted and the respondent or person to be restrained had notice of the order, a violation of the provisions of the order or of a provision excluding the person from a residence shall be a misdemeanor punishable by not to exceed one (l) […]
Section 39-6313 – ORDER — MODIFICATION — TRANSMITTAL.
39-6313. ORDER — MODIFICATION — TRANSMITTAL. Upon application with notice to all parties and after a hearing, the court may modify the terms of an existing protection order. In any situation where an order is terminated or modified before its expiration date, the clerk of the court shall forward on or before the next judicial […]
Section 39-6314 – PEACE OFFICERS — IMMUNITY.
39-6314. PEACE OFFICERS — IMMUNITY. No peace officer may be held criminally or civilly liable for actions or omissions in the performance of the duties of his office under this chapter, including the enforcement of out-of-state protection orders, if the peace officer acts in good faith and without malice. History: [39-6314, added 1988, ch. 341, […]
Section 39-6315 – PROCEEDINGS ADDITIONAL.
39-6315. PROCEEDINGS ADDITIONAL. Any proceedings under this chapter are in addition to other civil or criminal remedies. History: [39-6315, added 1988, ch. 341, sec. 1, p. 1018.]
Section 39-6316 – LAW ENFORCEMENT OFFICERS — TRAINING, POWERS, DUTIES.
39-6316. LAW ENFORCEMENT OFFICERS — TRAINING, POWERS, DUTIES. (1) All training provided by the peace officers standards and training academy relating to the handling of domestic violence or sexual assault complaints by law enforcement officers shall stress enforcement of criminal laws in domestic situations and sexual assault situations, availability of community resources, and protection of […]
Section 39-6317 – SEVERABILITY.
39-6317. SEVERABILITY. The provisions of this act are hereby declared to be severable and if any provision of this act or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of remaining portions of this act. History: [39-6317, added 1988, ch. […]
Section 39-6318 – ORDER FOR TRANSFER OF WIRELESS TELEPHONE SERVICE.
39-6318. ORDER FOR TRANSFER OF WIRELESS TELEPHONE SERVICE. (1) In order to ensure that a requesting party can maintain an existing wireless telephone number and the wireless numbers of any minor children in the care of the requesting party, a court may issue an order, after notice and a hearing, directing a wireless telephone service […]