Idaho Code
Idaho Code

Idaho Code § 39-6303 (2026)

Definitions. 

✓ current as of May 2026
Find cases: SyfertCases citing this section IClegislature.idaho.gov Justiaon Justia CornellLII Search CasesGoogle Scholar

Definitions. 

(1) "Domestic violence" means the physical injury, sexual abuse or forced imprisonment or threat thereof of a family or household member, or of a minor child by a person with whom the minor child has had or is having a dating relationship, or of an adult by a person with whom the adult has had or is having a dating relationship.

(2)  "Dating relationship," for the purposes of this chapter, is defined as a social relationship of a romantic nature. Factors that the court may consider in making this determination include:
(a)  The nature of the relationship;
(b)  The length of time the relationship has existed;
(c)  The frequency of interaction between the parties; and
(d)  The time since termination of the relationship, if applicable.
(3)  "Family member" means spouses, former spouses and persons related by blood, adoption or marriage.
(4)  "Family dwelling" is any premises in which the petitioner resides.
(5)  "Foreign protection order" means a protection order issued by a tribunal of another state.
(6)  "Household member" means persons who reside or have resided together, and persons who have a child in common regardless of whether they have been married or have lived together at any time.
(7)  "Judicial day" means any day upon which court business may be transacted as provided in sections 1-1606 and 1-1607, Idaho Code.
(8)  "Protection order" means any order issued for the purpose of preventing violent or threatening acts or acts of harassment against, or contact or communication with, or physical proximity to, another person, where the order was issued:
(a)  Pursuant to this chapter;
(b)  In another jurisdiction pursuant to a provision similar to section 39-6306, Idaho Code; or
(c)  In any criminal or civil action, as a temporary or final order (other than a support or child custody order), and where the order was issued in a response to a criminal complaint, petition or motion filed by or on behalf of a person seeking protection, and issued after giving notice and an opportunity to respond to the person being restrained.
(9)  "Respondent" means the individual against whom enforcement of a protection order is sought.
Notes of Decisions
Cited in 43 cases (11 in the last 5 years), 1992–2026 · leading case: Michalk v. Michalk, 220 P.3d 580 (Idaho 2009).
Sort: Relevance Newest Treatment
Michalk v. Michalk, 220 P.3d 580 (Idaho 2009). · cites it 6× “§ 32-717B(5) provides: “There shall be a presumption that joint custody is not in the best interests of a minor child if one (1) of the parents is found by the court to be a habitual perpetrator of domestic violence as defined in section 39-6303, Idaho Code.” I.C. § 39-6303(1)…”
Johnson V. Murphy, 468 P.3d 297 (Idaho 2020). · cites it 6× “her custodian; (c) The interaction and interrelationship of the child with his or her parent or parents, and his or her siblings; (d) The child’s adjustment to his or her home, school, and community; (e) The character and circumstances of all individuals involved; (f) The need…”
Roberts v. Roberts, 64 P.3d 327 (Idaho 2003). · cites it 4× “Domestic violence as defined in section 39-6303, Idaho Code, whether or not in the presence of the child.”
Hoskinson v. Hoskinson, 80 P.3d 1049 (Idaho 2003). · cites it 4× “Domestic violence as defined in Idaho Code § 39-6303 whether or not in the presence of the child.”
King v. King, 50 P.3d 453 (Idaho 2002). · cites it 4× “Domestic violence as defined in section 39-6303, Idaho Code, whether or not in the presence of the child.”
Searle v. Searle, 405 P.3d 1180 (Idaho 2017). · cites it 4× “her custodian; (c) The interaction and interrelationship of the child with his or her parent or parents, and his or her siblings; (d) The child’s adjustment to his or her home, school, and community; (e) The character and circumstances of all individuals involved; (f) The need…”
Ellibee v. Ellibee, 826 P.2d 462 (Idaho 1992). · cites it 9× “The introduction to the 1989 session law amendments specifically provide that I.C. §§ 39-6303 and 39-6304 were revised to redefine family or household member, and to provide expedient relief from domestic violence whether the victim is an adult or a child.”
Nelson v. Nelson, 170 P.3d 375 (Idaho 2007). · cites it 2× “her custodian; (c) The interaction and interrelationship of the child with his or her parent or parents, and his or her siblings; (d) The child’s adjustment to his or her home, school, and community; (e) The character and circumstances of all individuals involved; (f) The need…”
Jane Doe I v. John Doe II John Doe II & Jane Doe II v. Jane Doe I & John Doe I, 383 P.3d 1237 (Idaho 2016). · cites it 2× “her custodian; (c) The interaction and interrelationship of the child with his or her parent or parents, and his or her siblings; (d) The child’s adjustment to his or her home, school, and community; (e) The character and circumstances of all individuals involved; (f) The need…”
Navarro v. Yonkers, 173 P.3d 1141 (Idaho 2007). · cites it 4× “Relevant factors may include: (a) [t]he wishes of the child's parent or parents as to his or her custody; (b) [t]he wishes of the child as to his or her custodian; (c) [t]he interaction and interrelationship of the child with his or her parent or parents, and his or her…”
Kelly v. Kelly, 451 P.3d 429 (Idaho 2019). · cites it 2× “her custodian; (c) The interaction and interrelationship of the child with his or her parent or parents, and his or her siblings; (d) The child’s adjustment to his or her home, school, and community; (e) The character and circumstances of all individuals involved; (f) The need…”
Jane Doe (2016-01) v. John Doe, 380 P.3d 175 (Idaho 2016). · cites it 4× “” I.C. § 39-6303(1). There is no contention that C.”
Show all 43 citing cases →
— Idaho Code § 39-6303(1) — 6 cases
Michalk v. Michalk, 220 P.3d 580 (Idaho 2009). “§ 32-717B(5) provides: “There shall be a presumption that joint custody is not in the best interests of a minor child if one (1) of the parents is found by the court to be a habitual perpetrator of domestic violence as defined in section 39-6303, Idaho Code.” I.C. § 39-6303(1)…”
Johnson V. Murphy, 468 P.3d 297 (Idaho 2020). “her custodian; (c) The interaction and interrelationship of the child with his or her parent or parents, and his or her siblings; (d) The child’s adjustment to his or her home, school, and community; (e) The character and circumstances of all individuals involved; (f) The need…”
Jane Doe (2016-01) v. John Doe, 380 P.3d 175 (Idaho 2016). “” I.C. § 39-6303(1). There is no contention that C.”
Ellibee v. Ellibee, 826 P.2d 462 (Idaho 1992). “The introduction to the 1989 session law amendments specifically provide that I.C. §§ 39-6303 and 39-6304 were revised to redefine family or household member, and to provide expedient relief from domestic violence whether the victim is an adult or a child.”
Wilson v. Wilson, 560 P.3d 1126 (Idaho 2024).
— Idaho Code § 39-6303(2) — 3 cases
Ellibee v. Ellibee, 826 P.2d 462 (Idaho 1992). “The introduction to the 1989 session law amendments specifically provide that I.C. §§ 39-6303 and 39-6304 were revised to redefine family or household member, and to provide expedient relief from domestic violence whether the victim is an adult or a child.”
Jane Doe (2016-01) v. John Doe, 380 P.3d 175 (Idaho 2016). “” I.C. § 39-6303(1). There is no contention that C.”
State v. Laramore, 179 P.3d 1084 (Idaho Ct. App. 2007).
— Idaho Code § 39-6303(8) — 1 case
State v. Hartzell, 305 P.3d 551 (Idaho Ct. App. 2013).
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.