Hearings & Orders
This page explains the hearings and orders handled by the Sixth Judicial District’s Domestic Violence Court.
It covers judicial review hearings, which are set at the discretion of the Court, and motions to modify or dismiss a criminal no contact order or a civil protection order, where the Court’s primary concern is the protected person’s safety.
You will find where and how to file a protection order petition, including online through iCourt Guide & File, the forms for requesting a change to an order, a comparison of the two order types, and the penalties for violating a no contact order under Idaho Code 18-920 through 18-922.
Judicial Review Hearings
Domestic Violence Court review hearings are set at the discretion of the Court and are held in front of the DV Court Judge, Probation, and attorneys. These review hearings are generally scheduled every 30, 60, 90, or 120 days out, depending on offender compliance and victim safety concerns. These review hearings follow a conviction and involve participation from the Judge, prosecution, defense counsel, probation, offenders, defendants, victims, victim witness coordinators, and the DV Court Coordinator. Offenders are required to appear before the Judge on a periodic basis throughout their probationary term to monitor their progress in most cases.
At review hearings, the Court will evaluate the offender’s progress and compliance in offender intervention, substance use treatment, mental health counseling, and any other areas of treatment, as well as compliance with any terms of probation. Compliance and non-compliance will be addressed at review hearings with probation present and provide an opportunity for the Judge to decrease supervision if the offender has been successful or increase supervision if more support is needed.
Criminal No Contact Order and Civil Protection Order Hearings
Motions to modify or dismiss criminal no contact orders (NCO) and civil protection orders (CPO) may also be heard by DV Court. When hearing these motions, the Court’s primary concern is the protected person’s safety and it may utilize the court file, criminal history, risk assessment, and other available information to help determine level of risk and what safety concerns are present. The Court may require educational classes or treatment prior to granting a motion to modify or dismiss an NCO or CPO.
To receive a copy of the Bannock DV Court Case Management Plan or the Bannock County Domestic Violence Court Written Criteria and Policies, please contact the DV Court Coordinator.
Civil Protection Orders (CPO)
What is a Civil Protection Order?
Civil protection orders are a legal tool available within the Idaho court system to restrict an abuser/respondent’s contact with a petitioner/victim for a period of time. The civil protection order is a document issued by a civil court judge that orders the person who is abusing, harassing, or stalking you to stop doing so. There is no cost to apply for a civil protection order. If the abuser violates the Civil Protection Order, he/she may be criminally punished by the court. Idaho Code §39-6301.
File In person
Locations to file civil protection order petitions in person.
- Bannock County Courthouse
624 East Center, Room 108
Pocatello, Idaho 83201- Family Services Alliance
355 South Arthur Avenue
Pocatello, ID 83204
File Online
File a petition online using iCourt Guide & File.
Request to Modify or Dismiss a CPO
To request to modify or dismiss a CPO, click the button below.
Criminal No Contact Order Information
No Contact Orders vs Civil Protection Orders
| No Contact Orders | Civil Protection Orders |
|---|---|
| Terms of Use | |
| Requires a criminal charge. | The order is civil in nature. |
An order is not issued until the arraignment date or if law enforcement contacts the arraignment Judge and requests one. The order is issued without or with the consent/request of the victim. | An order is issued only at the request of the victim or parents of a juvenile. |
An order can be issued (upon Judge approval) between two parties listed as suspect(s) and victim(s) in a police report. | An order can be issued (upon Judge approval) if the parties fall under the following: Blood relative, Married, Divorced, Dating, Share child |
| Initial Duration of Order | |
One year from the date of issue. | Up to 14 days from the date of issue. |
| Court Hearings | |
Hearing is not automatic and only occurs at the request of either party. | An order can provide temporary custody to the petitioner if requested for up to 14 days until the hearing. A parenting plan can distinguish temporary custody for the duration of the order. |
| Violations | |
The order is against the suspect only; it does not keep the victim from contacting the suspect. (The victim can be cited for aiding in a misdemeanor if they willingly aid the suspect in violating the order.) | The order is against the respondent only; it does not keep the petitioner from contacting the suspect. (The victim can be cited for aiding in a misdemeanor if they willingly aid the suspect in violating the order.) |
| Dismissals | |
An order is not automatically dismissed at the request of the victim. Dismissal/modification requests (paperwork) are obtained through Court Services at 746 E. Lander. (Bannock County) | An order is generally dismissed at the request of the petitioner. Dismissal/modification requests are made through the Judge assigned to the case. |
| Jurisdiction | |
Generally enforceable only in the State of Idaho. | Enforceable nationwide. |
Violations of an NCO
Each violation of a No Contact Order is a Misdemeanor punishable by a fine of up to $1,000 and/or up to one year in jail. The Idaho Code specifically provides for the issuance and handling of such orders in Idaho Code 18-920 through 18-922. You can review these statutes by clicking on the number that corresponds to the statute title listed below.
Statutes
- 18-920
Violation of No Contact Order
- 18-921
Peace Officers – Immunity
- 18-922
Order – Transmittal to Law Enforcement Agency