Protection Order

Protection Order

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		If you are a victim of domestic violence, you can ask the city or county prosecuting attorney to file a criminal complaint. You also have the right to file a petition in magistrate court requesting an order for protection from domestic abuse which would include any of the following: (a) an order restraining your abuser from further acts of abuse (b) an order directing your abuser to leave your household (c )An order preventing your abuser from going to your residence, school, business or place of employment (d) an order awarding you or the parent, custody of or visitation with your minor child or children and (e) an order restraining your abuser from molesting or interfering with minor children in your custody. The forms you need to obtain a protection order are available from the clerk’s office in the Canyon County Courthouse. You also have the right to sue for losses suffered as a result of the abuse, including medical and moving expenses, loss of earnings for injuries sustained and damage to your property. This can be done without an attorney in small claims court if the total amount claimed is less than three thousand dollars. You can apply for a protection order at any time, even if criminal charges have not been filed against the person abusing or harassing you. Civil Protection Order Who Qualifies: Family or household member I.e. spouse, former spouse, persons related by blood or marriage, persons who reside or have resided together, persons who have a child in common regardless of whether they have been married or have lived together at any time or have been in a dating relationship. What Qualifies: Domestic violence means the physical injury, sexual abuse, forced imprisonment or the threat of a family or household member. Where to Obtain: Canyon County Courthouse 1115 Albany 2nd Floor—Civil Proceedings Clerks Office Caldwell, ID 83605 (208) 454-7577 When to Obtain: Monday thru Friday before 1:00 p.m. Paperwork must be completed and turned in to the Clerk’s Office by 1:00 p.m. At the first hearing the judge may issue a temporary protection order for 14 days and will set a hearing date within 14 days to decide whether to issue a full 90 day protection order. The 90 protection order may be renewed for up to one year if you need more protection. If you need the order renewed, remember to do this before it expires. This is a court order. NEITHER PARTY CAN VIOLATE ANY PART OF THIS ORDER. A violation of any provision of a protection order is punishable by up to 1 year in jail and a fine of up to $5000.

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