2014 Idaho Statutes
Title 39 - HEALTH AND SAFETY
Chapter 63 - DOMESTIC VIOLENCE CRIME PREVENTION
Section 39-6308 - EX PARTE TEMPORARY PROTECTION ORDER.
(2) An ex parte hearing to consider the issuance of a temporary protection order may be conducted by telephone in accordance with procedures established by the Idaho supreme court.
(3) Irreparable injury under this section includes but is not limited to situations in which the respondent has recently threatened the petitioner with bodily injury or has engaged in acts of domestic violence against the petitioner.
(4) The court shall hold an ex parte hearing on the day the petition is filed or on the following judicial day.
(5) An ex parte temporary protection order shall be effective for a fixed period not to exceed fourteen (14) days, but may be reissued. A full hearing, as provided in this chapter, shall be set for not later than fourteen (14) days from the issuance of the temporary order. The respondent shall be served with a copy of the ex parte order along with a copy of the petition and notice of the date set for the hearing. If the ex parte temporary protection order substantially affects the respondent's rights to enter the domicile or the respondent's right to custody or visitation of the respondent's children and the ends of justice so require, the respondent may move the court for an order shortening the time period within which the hearing required under the provisions of section 39-6306, Idaho Code, must be held. Motions seeking an order shortening the time period must be served upon the petitioner at least two (2) days prior to the hearing on the motion.
History:
[39-6308, added 1988, ch. 341, sec. 1, p. 1016; am. 1989, ch. 136, sec. 5, p. 308; am. 1990, ch. 234, sec. 2, p. 668.]
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