Section 18-7907 of the Idaho Code outlines the legal framework for obtaining a protection order in specific circumstances.
Here’s a summary of its key provisions:
- Establishment of Action for Protection: This section introduces the concept of a “petition for a protection order” in cases where a person is subjected to specific harmful behaviors. These include:
- Stalking: As defined in sections 18-7905 and 18-7906 of the Idaho Code.
- Intimidating or Threatening Communication: This includes making threatening phone calls with the intent to terrify, intimidate, or threaten, using any communication device.
- Discriminatory Harassment or Intimidation: Actions based on race, color, religion, ancestry, or national origin that intimidate, harass, or threaten physical injury or property damage.
- Filing a Petition: A person can seek protection for themselves, their children, or their ward by filing a petition that details specific incidents of harmful behavior within the last 90 days and the likelihood of future occurrences. Evidence of past conduct can be used to establish a pattern of behavior.
- Hearing and Legal Representation: Upon filing the petition, the court is required to hold a hearing within 14 days unless the petition is deemed insufficient. If either party has legal representation, a continuance may be granted to allow the other party to obtain counsel. The petitioner or respondent may be required to pay for costs, including attorney’s fees.
- Issuing a Protection Order: If the court finds, by a preponderance of the evidence, that the petitioner was a victim of the described conduct and is likely to be victimized again, it can issue a protection order. This order can include directives to refrain from specified behaviors, contact prohibitions, and other appropriate restrictions.
- Service and Notification: The petition and protection order must be served to the respondent as per section 39-6310, Idaho Code. Notification of the order is forwarded to law enforcement, entered into the Idaho public safety and security information system, and enforceable statewide. Law enforcement agencies are required to establish procedures to ensure officers are aware of such orders.
- Duration and Violations: The protection order is valid for a fixed period, not exceeding one year, but can be renewed, modified, or terminated upon motion. Violating the order is a misdemeanor punishable by up to one year in jail and a fine of up to $5,000. Peace officers can arrest without a warrant anyone believed to have violated the order.
- Filing Location: Petitions must be filed in the county where the respondent or petitioner resides or where the petitioner is temporarily residing.
- Combining Petitions: A person can file a single petition for relief under this section and section 39-6304, Idaho Code, setting forth separate matters for each provision. Procedural and substantive requirements for domestic violence protection orders apply.
- Definition of ‘Contact’: The term “contact” is broadly defined to include physical contact and any form of communication, whether direct, indirect, or electronic.
This section provides a comprehensive legal mechanism for individuals seeking protection from various forms of harassment, intimidation, and abuse, ensuring their safety and legal recourse.
