Idaho Requesting a Modification or Termination of a Criminal no Contact Order is a legal process by which a person can request to modify or terminate a criminal no contact order issued by the court. A criminal no contact order is an order issued by a court to prohibit a person from having any contact with another person. There are two types of Idaho Requesting a Modification or Termination of a Criminal no Contact Order: a modification request, in which the person seeks to modify the terms of the order; and a termination request, in which the person seeks to end the order entirely. In either case, the person must file a written motion with the court, outlining their reasons for the request and providing evidence to support the request. The court will then consider the evidence and determine whether to grant the request.
Idaho Requesting a Modification or Termination of a Criminal no Contact Order
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FAQ
A final protection order can be issued if, after a court hearing in which you and the abuser are both given the opportunity to present evidence, the judge finds that there is an immediate and present danger of domestic violence. The order lasts for up to one year but can be extended.
This may also require that the "respondent" remain a certain distance from the protected person, their home, their work, or other locations. Any violation of this order is a misdemeanor and will result in a criminal prosecution.
You may request the judge to change or remove the order by filling out paperwork on the first floor of the Ada County Courthouse. The court will set a hearing at which you must appear. The judge will hear from you, the State, and the defense before deciding whether to modify or remove the order.
A protected person named in a no contact order may request modification or termination of that order by filing a written and signed request with the clerk of the court in which the criminal offense is filed. Forms for such a request must be available from the clerk.
Protective/No Contact Orders No Contact OrderProtective OrderOnly applies to the DefendantMay apply to both parties (both parties are subject to the terms)Duration: Indefinite, but the Judge may put an expiration date on it14 days for ex parte, then usually for 90 days1 more row
A violation of a No Contact Order is punishable by a fine and/or by imprisonment in the county jail. 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 a no contact order.
A protection order is a civil provision with criminal penalties. It can be obtained to restrict or prohibit contact between a victim of abuse and the perpetrator (Idaho Code § 39-6301). A protection order is a document issued by a civil court that orders the person who is abusing or stalking you to stop doing so.
A "No Contact Order" is put in place when someone is charged with a crime, it prevents the Defendant from having contact with any of the alleged victims of the crime and/or others depending on the relationship to the defendant and the Courts assessed risk.