Restraining Orders

You do not need a lawyer to file for a protection order. However, it can help to have one to make sure that your rights are protected. This is especially true if the abuser has a lawyer. If you go to the hearing and the abuser has a lawyer, you can ask the judge for a “continuance.” This means postponing the case so you can get a lawyer, too. Also, if the judge believes that you and the abuser both need lawyers, the judge can order both of you to hire (retain) lawyers. The judge can also order you, the abuser, or both of you to pay the attorneys’ fees.¹ If you cannot afford a lawyer, you can try to get one through a local legal services organization if you qualify. Go to Idaho Finding a Lawyer for legal referrals.

If you are representing yourself, the domestic violence organizations in your area or staff at the courthouse may be able to answer some questions or help you fill out court forms.

If you will be in court without a lawyer, our Preparing for Court – By Yourself section can help you get ready.

¹ I.C. § 39-6306(1)