Idaho Code

Idaho Code § 39-6304 (2026)

Action for protection.

✓ current as of May 2026

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Action for protection.

(1) There shall exist an action known as a "petition for a protection order" in cases of domestic violence.

(2) A person may seek relief from domestic violence by filing a petition based on a sworn affidavit with the magistrates division of the district court, alleging that the person or a family or household member, whether an adult or a child, is the victim of domestic violence. Any petition properly filed under this chapter may seek protection for any additional persons covered by this chapter. A custodial or noncustodial parent or guardian may file a petition on behalf of a minor child who is the victim of domestic violence.

(3) A person’s right to petition for relief under this chapter shall not be affected by that person’s having left the residence or household to avoid abuse.

(4) The petition shall disclose the existence of any custody or any marital annulment, dissolution or separation proceedings pending between the parties, the existence of any other custody order affecting the children of the parties, and the existence of child protection or adoption proceedings affecting the children of any party.

(5) When the petitioner requests custody of any child, the petition shall disclose:

(a) The county and state where the child has resided for six (6) months immediately prior to the filing of the petition;

(b) The party or other responsible person with whom the child is presently residing; and

(c) The party or other responsible person with whom the child has resided for six (6) months immediately prior to the filing of the petition.

(6) A petition shall be filed in the county of the respondent’s residence, the petitioner’s residence, or where the petitioner is temporarily residing.

Notes of Decisions

Cited in 5 cases (2 in the last 5 years), 1992–2021 · leading case: Ellibee v. Ellibee, 826 P.2d 462 (Idaho 1992).

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Ellibee v. Ellibee, 826 P.2d 462 (Idaho 1992). · cites it 6× “Idaho Code § 39-6304 (2) was also amended in 1989 to provide that “[a] person may seek relief from domestic violence by filing a petition based on a sworn affidavit with the magistrates division of the district court, alleging that the person or a family or household member,…”

State v. Ahmed, 492 P.3d 1110 (Idaho 2021). · cites it 4× “FACTUAL AND PROCEDURAL BACKGROUND On October 2, 2017, based on a petition filed under Idaho Code section 39-6304 1 by Nabila Hamid, Ahmed’s wife, a magistrate court issued a protection order against Ahmed.”

Rita Turner v. Robert Turner, 317 P.3d 716 (Idaho 2013). · cites it 2× “I.C. § 39-6304(2). If the petition “alleges that irreparable injury could result from domestic violence if an order is not issued immediately without prior notice to the respondent, the court may grant an ex parte temporary protection order.”

Cook v. Wiebe, 481 P.3d 107 (Idaho 2021). · cites it 2× “Cook had filed nine pro se civil protection orders under Idaho Code sections 39-6304, 39-6306, and 18-7907, all of which had been dismissed in favor of the parties from whom she sought protection.”

Sean M. Cook v. State (Idaho Ct. App. 2014). · cites it 2× “Cook has filed pro se several civil protection orders under I.C. § 39-6304, LC. § 39-6306, and LC. § 18-7907.”

— Idaho Code § 39-6304(2) — 3 cases

Ellibee v. Ellibee, 826 P.2d 462 (Idaho 1992). “Idaho Code § 39-6304 (2) was also amended in 1989 to provide that “[a] person may seek relief from domestic violence by filing a petition based on a sworn affidavit with the magistrates division of the district court, alleging that the person or a family or household member,…”

State v. Ahmed, 492 P.3d 1110 (Idaho 2021). “FACTUAL AND PROCEDURAL BACKGROUND On October 2, 2017, based on a petition filed under Idaho Code section 39-6304 1 by Nabila Hamid, Ahmed’s wife, a magistrate court issued a protection order against Ahmed.”

Rita Turner v. Robert Turner, 317 P.3d 716 (Idaho 2013). “I.C. § 39-6304(2). If the petition “alleges that irreparable injury could result from domestic violence if an order is not issued immediately without prior notice to the respondent, the court may grant an ex parte temporary protection order.”

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