TITLE 39

HEALTH AND SAFETY

CHAPTER 63

DOMESTIC VIOLENCE CRIME PREVENTION

39-6311.  Order — Transmittal to law enforcement agency — Record in Idaho public safety and security information system — Enforceability. (1) The orders issued under sections 39-6306 and 39-6308, Idaho Code, or foreign protection orders recognized under section 39-6306A, Idaho Code, shall be in a form approved by the supreme court of the state of Idaho.

(2)  (a) A copy of a protection order granted or a foreign protection order recognized under this chapter shall be forwarded by the clerk of the court on or before the next judicial day to the appropriate law enforcement agency specified in the order.

(b)  Upon receipt of the order, the law enforcement agency shall forthwith enter the order and its expiration date into the Idaho public safety and security information system available in this state used by law enforcement agencies to list outstanding warrants. Notification of service as required in section 39-6310, Idaho Code, shall also be entered into the Idaho public safety and security information system upon receipt. Entry into the Idaho public safety and security information system constitutes notice to all law enforcement agencies of the existence of the order. The order is fully enforceable in any county in the state. Renewals of the order shall be recorded in the same manner as original orders. The information entered shall specifically state that the protection order is civil in nature. If the appropriate law enforcement agency determines that the service information sheet is incomplete or cannot be entered into the Idaho public safety and security information system upon receipt, the service information sheet shall be returned to the clerk of the court. The clerk of the court shall then notify the petitioner of the error or omission.

(3)  Law enforcement agencies shall establish procedures reasonably adequate to assure that an officer approaching or actually at the scene of an incident of domestic violence may be informed of the existence and terms of such protection order.

(4)  A protection order shall remain in effect for the term set by the court or until terminated by the court. A protection order may, upon motion and upon good cause shown, be renewed for additional terms not to exceed one (1) year each if the requirements of this chapter are met. The motion to renew an order may be granted without a hearing, if not timely objected to by the party against whom the order was entered. If the petitioner voluntarily and without duress consents to the waiver of any portion of the protection order vis-a-vis the respondent pursuant to section 39-6313, Idaho Code, the order may be modified by the court.

History:

[39-6311, added 1988, ch. 341, sec. 1, p. 1017; am. 1989, ch. 136, sec. 6, p. 310; am. 1990, ch. 293, sec. 1, p. 813; am. 1991, ch. 300, sec. 2, p. 788; am. 1995, ch. 357, sec. 2, p. 1214; am. 1996, ch. 362, sec. 1, p. 1218; am. 1999, ch. 330, sec. 6, p. 891; am. 2002, ch. 213, sec. 6, p. 592; am. 2013, ch. 187, sec. 6, p. 452.]