Idaho Code
Idaho Code

Idaho Code § 39-6312 (2026)

Violation of order — Penalties. 

✓ current as of May 2026
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Violation of order — Penalties. 

(1) Whenever a protection order is granted and the respondent or person to be restrained had notice of the order, a violation of the provisions of the order or of a provision excluding the person from a residence shall be a misdemeanor punishable by not to exceed one (l) year in jail and a fine not to exceed five thousand dollars ($5,000), ten dollars ($10.00) of which shall be deposited to the credit of the domestic violence project account created in section 39-5212, Idaho Code.

(2)  A peace officer may arrest without a warrant and take into custody a person whom the peace officer has probable cause to believe has violated an order, if the person restrained had notice of the order.
(3)  The person against whom a protection order has been issued by an out-of-state court is presumed to have notice of the order if the victim presents to the officer proof of service of the order.
Notes of Decisions
Cited in 8 cases (2 in the last 5 years), 1993–2026 · leading case: State v. Ahmed, 492 P.3d 1110 (Idaho 2021).
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State v. Ahmed, 492 P.3d 1110 (Idaho 2021). · cites it 20× “Third, Ahmed argues the district court erred in affirming the magistrate court’s jury instructions because the magistrate court failed to provide an instruction on the requisite intent of violating a protection order.”
State v. Whiteley, 858 P.2d 800 (Idaho Ct. App. 1993). · cites it 2× “The state cites I.C. § 39-6312(2) as authority for the arrest.”
State v. Ramos, 2013 NMSC 031 (N.M. 2013). · cites it 2× “Code § 16-1031 (2013); Idaho Code Ann. § 39-6312 (1999); Ind. Code Ann.”
Beier v. City of Lewiston, 354 F.3d 1058 (9th Cir. 2004). · cites it 2× “See Idaho Code § 39-6312 (1) (1993). Idaho Code § 39-6312 (2) (1993) provides that “[a] peace officer may arrest without a warrant and take into custody a person whom the peace officer has probable cause to believe has violated an order issued under this chapter, if the person…”
State v. Brian W. Pierce, 365 P.3d 417 (Idaho Ct. App. 2015). · cites it 4× “Accordingly, Pierce was charged with violating the protection order, I.C. § 39-6312. The amended complaint alleged, in relevant part: That the Defendant, Brian W.”
State v. Ramos, 2013 NMSC 31 (N.M. 2013). “Code § 16-1031 (2013); Idaho Code Ann. § 39-6312 (1999); Ind. Code Ann.”
McEntarfer (D. Idaho 2026). “Idaho Code § 39-6312 provides that violating a protection order is a misdemeanor crime.”
State v. Ramos (N.M. 2013). “Code § 16-1031 (2013); Idaho Code Ann. § 39-6312 (1999); Ind. Code Ann.”
— Idaho Code § 39-6312(1) — 1 case
State v. Ahmed, 492 P.3d 1110 (Idaho 2021). “Third, Ahmed argues the district court erred in affirming the magistrate court’s jury instructions because the magistrate court failed to provide an instruction on the requisite intent of violating a protection order.”
— Idaho Code § 39-6312(2) — 1 case
State v. Whiteley, 858 P.2d 800 (Idaho Ct. App. 1993). “The state cites I.C. § 39-6312(2) as authority for the arrest.”
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