Idaho v. Hall
Annotate this CaseMelanie Hall appealed a district court’s modification of a no contact order. In 2015, the State of Idaho charged Hall with felony stalking of her ex-husband, and aggravated assault. Based on the charges, the district court entered a no contact order and set it to expire in 2017. In January 2016, a jury found her guilty of felony stalking, but returned a verdict of not guilty on the aggravated assault count. In March 2016, the district court entered a judgment of conviction, sentencing Hall to a five year unified sentence with the first two fixed. The court also entered an amended no contact order prohibiting Hall from contacting her ex-husband and their two minor children. The new no contact order was sent to expire on March 28, 2021. Hall moved to amend the no contact order twice: once to allow written communication, and another to allow Hall to send Christmas presents to the children. Two days before the order was set to expire, the State moved to extend the order, explaining that Hall’s victims were concerned with the order’s expiration, and that a new charge of violating the no contact order was pending before the district court. An extension was ultimately granted, and Hall appealed, arguing the district court lacked subject matter jurisdiction to modify the order because it had expired by the time the district court entered its order. The Idaho Supreme Court determined the district court had the authority to amend the no contact order because the State’s motion to extend the expiration date was timely filed. Accordingly, the extension was affirmed.
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