In the Supreme Court of the State of IdahoSchedule A are hereby amended and adopted as the official...

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In the Supreme Court of the State of Idaho IN RE: AMENDMENTS OF UNIFORM CIVIL ) PROTECTION ORDER FORMS ) ORDER The Idaho Supreme Court, having received from the Court Assistance Office Committee a recommendation to approve, under the guidance and oversight of said committee, the amended civil protection order forms attached to this order; and the Court having reviewed and approved these forms; NOW, THEREFORE IT IS HEREBY ORDERED, that the forms attached hereto as Schedule A are hereby amended and adopted as the official uniform civil protection order forms for the state of Idaho for use in implementing Idaho Code Title 39 Chapter 63 and Title 18 Chapter 79. IT IS FURTHER ORDERED, that such uniform forms shall be used by all of the courts of the state of Idaho. IT IS FURTHER ORDERED, pursuant to Rule 32(c)(1) ofthe Idaho Court Administrative Rules, that when a civil protection order is issued, the civil protection order, the petition seeking such order, and the Law Enforcement Service Information Sheet for Protection Orders shall be provided to the Sheriffs Office of the county in which a protection order is issued, or such other law enforcement office as may be designated in the protection order, for immediate entry into records systems and to facilitate service on the respondent. Law enforcement in the jurisdiction in which the respondent lives shall serve the order. IT IS FURTHER ORDERED, that a copy shall be sent to all magistrate judges, clerks of the district court, trial court administrators, and administrative district judges. IT IS FURTHER ORDERED, that the effective date ofthis Order be July 1, 2019. DATED this __ 4 ___._ __ day of June, 2019. ATTEST: Clerk By Order of the Supreme Court Rogqr S Rurdjck, Chief Justice fWII A. Lentman, Cleft( of the Sup Court of Appeals of the State of ....... _remedo certify that.Jtle *ve · ,...,.u, '""'"'Y the Vcd£( 11 a true copy of entered In th& above entitled' record in my office. · cause and now on WITNESS my hand and the Seal of this Court :N 'I, lo; KAREL . LEHRMAN - Clertl

Transcript of In the Supreme Court of the State of IdahoSchedule A are hereby amended and adopted as the official...

Page 1: In the Supreme Court of the State of IdahoSchedule A are hereby amended and adopted as the official uniform civil protection order forms for the state of Idaho for use in implementing

In the Supreme Court of the State of Idaho IN RE: AMENDMENTS OF UNIFORM CIVIL ) PROTECTION ORDER FORMS ) ORDER

The Idaho Supreme Court, having received from the Court Assistance Office Committee a

recommendation to approve, under the guidance and oversight of said committee, the amended civil

protection order forms attached to this order; and the Court having reviewed and approved these

forms;

NOW, THEREFORE IT IS HEREBY ORDERED, that the forms attached hereto as

Schedule A are hereby amended and adopted as the official uniform civil protection order forms for

the state of Idaho for use in implementing Idaho Code Title 39 Chapter 63 and Title 18 Chapter 79.

IT IS FURTHER ORDERED, that such uniform forms shall be used by all of the courts of

the state of Idaho.

IT IS FURTHER ORDERED, pursuant to Rule 32(c)(1) ofthe Idaho Court Administrative

Rules, that when a civil protection order is issued, the civil protection order, the petition seeking such

order, and the Law Enforcement Service Information Sheet for Protection Orders shall be provided to

the Sheriffs Office of the county in which a protection order is issued, or such other law

enforcement office as may be designated in the protection order, for immediate entry into records

systems and to facilitate service on the respondent. Law enforcement in the jurisdiction in which the

respondent lives shall serve the order.

IT IS FURTHER ORDERED, that a copy shall be sent to all magistrate judges, clerks of the

district court, trial court administrators, and administrative district judges.

IT IS FURTHER ORDERED, that the effective date ofthis Order be July 1, 2019.

DATED this __ 4___._ __ day of June, 2019.

ATTEST:

Clerk

By Order of the Supreme Court

Rogqr S Rurdjck, Chief Justice • fWII A. Lentman, Cleft( of the Sup

Court of Appeals of the State of ....... _remedo ~~ certify that.Jtle *ve · ,...,.u, '""'"'Y the Vcd£( 11 a true and~ copy of entered In th& above entitled' record in my office. · cause and now on

WITNESS my hand and the Seal of this Court :N ~ 'I, lo;

KAREL . LEHRMAN -Clertl

Page 2: In the Supreme Court of the State of IdahoSchedule A are hereby amended and adopted as the official uniform civil protection order forms for the state of Idaho for use in implementing

D No address, email and telephone are given because I do not want my information on this petition

Full Name of Party Filing Document

Mailing Address (Street or Post Office Box)

City, State and Zip Code

Telephone

Email Address (if any)

IN THE DISTRICT COURT FOR THE ____ JUDICIAL DISTRICT

FOR THE STATE OF IDAHO, IN AND FOR THE COUNTY OF _______ _

MAGISTRATE DIVISION

Case No. __________ _

Petitioner (Person Seeking Protection Order),

vs.

SWORN PETITION FOR PROTECTION ORDER

Select: D Domestic Violence (I. C. § 39-6304)

Respondent (Person You Want Restrained) D Stalking and/or Threats (I. C. § 18-7907)

THE LAW REQUIRES THAT THE RESPONDENTBE GIVEN A COPY OF THIS COMPLETED FORM AND ALL ATTACHMENTS.

1. Protected Person(s). I am seeking a protection order for:

D Myself.

0 The following minor child/ren (first and last names): ------------

My relationship to child/ren is: D Custodial parent D Non-custodial parent D Guardian

0 The following family or household member(first and last names): -------

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2. Relationships. Please check all that apply to the relationship between Respondent

(person you want restrained) and you or the person(s) for whom you are seeking protection

Ospouse

0 former spouse, state and county where divorce was filed: ________ _

0 residing together

0 previously resided together, we last resided together on .>..:(d=at=eL-) ____ _

0 child in common

0 intimate partner

0 parent

0 related by blood, adoption or marriag~ Relationship: _________ _

0 are dating, or 0 previously dated and our last date was (...,dc::;at'!::eL..) _______ _

If a dating relationship please describe: (complete for adult or minor):

Length of time of the dating relationship ______________ _

Time since the relationship ended-----------------

0 Other, Explain:-----------------------

3. Residence.

0 I live or am staying in _________ County, Idaho. Respondent lives in

------------County, State of ____________ _

0 Respondent does not live with me.

0 I live with Respondent at

Our home is rented or owned 0 by both of us 0 by me 0 by Respondent.

0 I have left the residence where I lived with Respondent. I want to returnO yes 0 no.

If yes, 0 to live 0 to get personal belongings 0 other---------

0 A business is run from the home. Type of business: __________ _

The business is run 0 by me 0 by Respondent 0 by both of us.

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4. Child/ren affected by the protection orde[

I am the natural/adoptive parent or legal guardian of the following child/ren:

Name Birth How Child is Related to: State(s) where (First, Middle Initial , Last) Date Sex child lived last

Petitioner Respondent 6 months

During the last six (6) months the child/ren have lived with ________ _

5. Other court cases. List any pending court cases between you and Respondent and any

other court cases or court orders relating to the minor child/ren who will be af'ected by this

protection order (divorce, custody, child protection, guardianship, adoption , protection order, criminal , no

contact order, etc.)

0 I have applied for a protection order(s) before in the county of ______ _

on (date) , against (name)-------------

0 Respondent has applied for a protection order(s) before in the county of

_______ on (date) , against (name)-----------

0 Respondent has .been involved in crimes involving violence, child abuse, weapons,

drugs or alcohol. (If checked , please describe the charges to the best of your knowledge, when and

where they were filed, and any convictions) ------------------

0 I have been involved in crimes involving violence, child abuse, weapons, drugs or

alcohol. (If checked, please describe what the charges were, when and where they were filed and

convictions) ----------------------------

SWORN PETITION FOR PROTECTION ORDER CAO DV 1-1 07/01/2019

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6. I am filing for a protection order for: (check all that apply)

D Domestic Violence Definition: Physical injury, sexual abuse or forced imprisonment or threat thereofof 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.

D Stalking Definition: Repeated acts, of nonconsensual contact that alarms, annoys, or harasses you,

causing you emotional distress, fear of death, physical injury or fear of death or physical injury

of a family or household member. The recent act must have occurred within the last 90 days

D Telephone Threats Definition: The use of a telephone with the intent to terrify, threaten, or intimidate and

threatens to inflict injury or physical harm against you ora family member. The conduct must

have occurred within the last 90 days.

D Threats Based on Race, Color, Religion, Ancestry or National Origin Definition: Based upon your race, color, religion, ancestry, or national origin, Rlspondent

intimidates or harasses you or causes, or threatens to cause, physical injury to you or

damage to your personal property. The conduct must have occurred within the last 90 days.

Describe the most recent acts and/or threats committed by Respondent

When? (date and time)

Where did this occur or where were yot.P.

Who was present? (minor children, friends, family, etc.)

Describe in detail the series of or recent acts or threats and describe how you were

contacted (e.g. phone, email , social media). If you include attachments, please explain

how your attachments are related to the acts or threats. __________ _

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________________ Include a separate page if you need more room.

Describe any injuries:

Was a weapon involved? 0 No 0 Yes lfso, whatandhow? ______________________ __

Is there anything else you want the judge to know about what happened?

Describe past acts or threats including dates:

Do not write on the back of this page. Include a separate page if you need more room.

SWORN PETITION FOR PROTECTION ORDER CAO DV 1-1 07/01/2019

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7. I ask the Court to order the following:

a. Personal Conduct Order.

Respondent shall not contact or attempt to contact the protected person(s) identified

in Section 1 of this petition, in any manner, including in person or through another

person, or in writing or through any electronic means, including telephone, email, tet,

through social networking, or facsimile . Respondent shall not harass; stalk; threaten;

use, attempt to use or threaten use of physical force; or engage in any other conduct

that would place the protected person(s) in reasonable fear of bodily injury.

b. Stay Away Order.

i. Respondent shall at all times stay away from :

D My residence at

D No address is given because I do not want my address on this petition

D Protected Minor's residence at:

D My workplace and/or school at:

D Protected Minor's workplace and/or school at:

D My child/ren's school and/or childcare at:

D Other: ______________________ _

ii. Are any of these addresses within 1 ,500 feet of where Respondent lives, works, or

attends school? D NoD Yes, Please explain the distance and circumstances:

c. D Move-out Order.

Respondent shall move from the residence at -------------

and take from the dwelling only items needed for employment and necessary personal

effects (at peace officer's discretion).

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d. D Child Custody.

D Stay the same as ordered in an existing child custody/divorce decree

(Case#, County): ---------------------

Temporary custody of the minor child/ren named in Section 4 above, be awarded to:

Orne

D Respondent.

The other parent should have:

D Visitation as follows (list specific days and times)

D Neutral drop off and pick up location at

D Transportation provided by __________________ _

D Supervised visitation, why and supervised by whom. _________ _

D No visitation.

e. D Treatment/counseling.

Respondent be ordered to participate in treatment or counseling services for(purpose)

f. D Other relief requested:

CERTIFICATION UNDER PENALTY OF PERJURY

I certify under penalty of perjury pursuant to the law of the State of Idaho that the foregoing is

true and correct.

Date: ___________ _

Typed/printed name

SWORN PETITION FOR PROTECTION ORDER CAO DV 1-1 07/01/2019

Signature

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Protection Order Case No:----------

O Temporary Ex Parte Order and Notice of Hearing D Amended

D Domestic Violence (I. C. § 39-6304)

Court _____ Judicial District

County-------­

State Idaho D Stalking and/or Threats (I. C. §18-7907)

PETITIONER

First Middle

PROTECTED PERSON(S): 0 Petitioner

Last

0 Minor family member(s): (list name and DOB)

RESPONDENT

First Middle Last

Respondent's Address

Relationship to Protected Person(s): Check all that apply 0 spouse; 0 former spouse; 0 residing together; 0 previously resided together; 0 child in common ; D intimate partner; D parent; D related by blood, adoption or marriage; Dare in , or D have been in, a dating relationship;

other:

PETITIONER IDENTIFIERS

Date of Birth (DOB) of Petitioner

0 Family, household member(s), or other Protected Person(s): (list name and DOB)

RESPONDENT IDENTIFIERS

SEX RACE DOB HT WT

EYES HAIR DISTINGUISHING FEATURES

DRIVERS LICENSE # STATE

CAUTION: D Weapon Alleged to be Involved

This order shall be effective until L ______ _.ll 20 earlier by another court order. . _ _

at 11:59 P.M. /unless terminated

If the Respondent does not appear at the hearing date listed on the last page of this order, a longer protection order may be issued against the Respondent. If the Petitioner fails to appear, the petition may be dismissed.

WARNINGS: This order meets all "full faith and credit" requirements of the VAWA, 18 U.S.C. § 2265 (1994) upon notice of the Respondent. This court has jurisdiction over the parties and the subject matter; the Respondent has been or will be afforded notice and a timely opportunity to be heard as provided by the laws of this jurisdiction. This order is valid and entitled to enforcement in each jurisdiction throughout the 50 states of the United States, the District of Columbia, all tribal lands, and all U.S. territories, commonwealths, and possessions and shall be enforced as if it were an order of that jurisdiction.

As a result of this order, it may be unlawful for the Respondent to purchase or possess a firearm , including a rifle , pistol , or revolver, or ammunition pursuant to federal law under 18 U.S.C. § 922(g)(8). If you have any questions whether these laws make it illegal for the Respondent to possess or purchase a firearm, you should consult an attorney.

Violation of any provision of this order by the Respondent, after actual notice of its terms, is a misdemeanor and may result in arrest and sentencing for up to one year in jail and a $5,000 fine, even if the Protected Person(s) consents to the violation. Only the Court can change this order.

TEMPORARY EX PARTE PROTECTION ORDER & NOTICE OF HEARING CAO DV 4-1 07/2019

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THE COURT ORDERS: 1. Personal Conduct Order.

The Respondent shall not contact or attempt to contact the protected person(s) in any manner, including in person or through another person, or in writing or through any electronic means, including telephone, email, text, through social networking, or facsimile. The Respondent shall not harass; stalk; threaten; use, attempt to use or threaten use of physical force; or engage in any other conduct that would place the protected person(s) in reasonable fear of bodily injury. However, the Respondent may participate in legal proceedings involving the protected person(s) and may communicate through attorneys about legal issues involving the protected person(s).

PROTECTED PERSON(S) LISTED ON THE FIRST PAGE OF THIS ORDER: [01J D Petitioner [01J D Minor family member(s)

[02J D Family or other household member(s) [02J D Other Protected Person(s)

[OSJ 0 THERE ARE NO EXCEPTIONS TO THIS ORDER.

0 THERE ARE EXCEPTIONS ORDERED AS FOLLOWS: D contact by telephone/electronic means to arrange visitation of the child/ren D contact by telephone/electronic means between ___ .m. and ____ .m. on ____ _

________ for the following purposes: ----------------

0 to participate in court ordered mediation D to respond to an emergency involving your natural or adopted child/ren

D other:------------------------------

2. Stay-Away Order. Respondent shall not, EVEN IF INVITED BY THE PROTECTED PERSON(S), knowingly remain within feet of the Protected Person(s), or

D go within _____ feet of:

D Protected Person's residence at---------------------

[04J D Protected Person's school campus or work place at--------------

D Protected Person's child/ren's school campus or work place at----------

D Other: --------------------------------------------------

TEMPORARY EX PARTE PROTECTION ORDER & NOTICE OF HEARING CAO DV 4-1 07/2019

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3. Move-out Order and/or Law enforcement assistance. D Does Not Apply

[03J D Respondent is ordered to move from the residence at---------------­

---------- immediately upon service of this order and take from the residence only items

needed for employment and necessary personal effects (at peace officer's discretion).

Law enforcement officers are ordered to:

D Remove the Respondent from the residence listed above upon service of this order.

D Place the Protected Person in possession of the residence at------------

D Supervise the removal of D Protected Person's D Respondent's items needed for employment and necessary personal effects (at peace officer's discretion) from the residence.

Peace officers are instructed to enforce this Court order by all necessary means, including arrest.

4. Child custody. D Does Not Apply

[OSJ D Respondent shall NOT have the child/ren until further order of the Court OR

Custody of the minor child/ren is awarded: [061 D as provided in the existing child custody/divorce decree (Case#, County, Judge, Date Entered): __ _

Oasfollows: Name of Child (first, middle initial , last) Birth Date Sex Custody Awarded To

D Protected Person D Respondent

0 shall have the child/ren as follows (list days, times and conditions): ------------

D supervised by :. _________________________ _

0 neutral drop off/pick up location:--------------------

0 child/ren to be transported by:--------------------

0 Neither party shall remove the child/ren from ------------------

0 Other:------------------------------

TEMPORARY EX PARTE PROTECTION ORDER & NOTICE OF HEARING CAO DV 4-1 07/2019

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5. Conflicting Orders. If any term of another civil or criminal order conflicts with any term of this order you must follow the more restrictive term. Dismissal of any other order will not result in a dismissal of this order.

6. Other: --------------------------------------------------------------

7. Order to clerk.

It is furth~r ordered that the clerk of the court shall forward a copy of this order to the Sheriff's Office in the county in which this order was originally issued, or D for immediate entry into record systems and to facilitate service in the jurisdiction in which the Respondent resides, if not previously served. The clerk shall deliver or mail a copy of this order to the Petitioner.

NOTICE OF HEARING A hearing to decide whether a longer Protection Order will be issued will be held:

Date: Time: ---------------------------------- ----------------------Oa.m. Op.m.

Before Judge: ---------------------------at the ------------------ County

Courthouse, (Address): , Idaho.

WARNING: If the respondent does not appear at the hearing, a longer protection 'order may be issued against the respondent. If the petitioner fails to appear, the petition may be dismissed.

Date: _________________________ __ Signed: ____________________________ __

Judge NOTICE: It is a misdemeanor under Idaho Code § 39-6312 for the Respondent, after notice of this order, to violate the provisions of this order. Further, it is a crime under Idaho Code § 18-204 for any person to aid and abet a crime, or, not being present, to advise and encourage a crime. In addition, under Idaho Code §18-304, any person who counsels, aids, solicits or incites another to commit a misdemeanor is guilty of a misdemeanor. Therefore. it may be a crime for any person to encourage or invite contact between the Respondent and the Petitioner. except such contact as is expressly permitted by the above order.

I have received a copy of this order D and agree to future service by certified mail.

Signed: ___________________ __ Date: ________ _ Petitioner

I have received a copy of this order D and agree to future service by certified mail.

Signed: _________________ _ Date: ________ _ Respondent

ATTENTION: Keep a copy of this order in your possession at all times in order to assist law enforcement. Immediately report any violation of this order to law enforcement.

TEMPORARY EX PARTE PROTECTION ORDER & NOTICE OF HEARING CAO DV 4-1 07/2019

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IN THE DISTRICT COURT FOR THE _____ JUDICIAL DISTRICT

FOR THE STATE OF IDAHO, IN AND FOR THE COUNTY OF _______ _

Petitioner, vs.

Respondent.

MAGISTRATE DIVISION

Case No. _________ _

REISSUANCE OF TEMPORARY PROTECTION ORDER AND NOTICE OF HEARING

The Court having found that the Temporary Protection Order entered in this case on :

-------------should be reissued, IT IS ORDERED the Temporary

Protection Order is reissued and extended until 11 :59 P.M. on _________ , 20 __ .

All portions of the Temporary Protection Order remain in effect, except: _______ _

NOTICE OF HEARING A hearing to decide whether a longer Protection Order will be issued will be held:

Date: Time: -------------Oa.m. Op.m.

Before Judge: ______________ at the------------ County

Courthouse, (Address) : , Idaho.

If the respondent does not appear at the hearing, a longer protection order may be issued

against the respondent. If the petitioner does not appear the petition may be dismissed.

The Clerk of the Court shall forward a copy of this Order, with copies of the Petition and the

Temporary Protection Order for service, as specified in the Temporary Protection Order.

Date: ____________ _ Judge

I have received a copy of this order D and agree to future service by certified mail.

Signed:---------------­Petitioner

Date: __________ _

I have received a copy of this order D and agree to future service by certified mail.

Signed:---------------­Respondent

REISSUANCE OF TEMPORARY PROTECTION ORDER AND NOTICE OF HEARING CAO DV 4-4 7/2019

Date: __________ _

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Protection Order D Original D Amended DRenewed

D Domestic Violence (I.C. § 39-6304)

D Stalking and/or Threats (I.C. § 18-7907)

PETITIONER

First Middle Last

PROTECTED PERSON(S): D Petitioner D Minor family member(s) : (list name and DOB)

RESPONDENT

First Middle Last

Respondent's Address

Relationship to Protected Person(s): Check all that apply D spouse; D former spouse; D residing together; D previously resided together; D child in common; D intimate partner; D parent; D related by blood, adoption or marriage; Dare in , or D have been in, a dating relationship;

other:

This order shall be effective until I earlier by another court order. .

Case No:----------

Court Judicial District -----County-------­

State Idaho

PETITIONER IDENTIFIERS

Date of Birth (DOB) of Petitioner

D Family, household member(s), or other Protected Person(s): (list name and DOB)

RESPONDENT IDENTIFIERS

SEX RACE DOB HT WT

EYES HAIR DISTINGUISHING FEATURES

DRIVERS LICENSE # STATE

CAUTION: D Weapon Alleged to be Involved

I at 11:59 P.M. /unless terminated

WARNINGS: This order meets all "full faith and credit" requirements of the VAWA, 18 U.S.C. § 2265 (1994) upon notice of the Respondent. This court has jurisdiction over the parties and the subject matter; the Respondent has been or will be afforded notice and a timely opportunity to be heard as provided by the laws of this jurisdiction. This order is valid and entitled to enforcement in each jurisdiction throughout the 50 states of the United States, the District of Columbia, all tribal lands, and all U.S. territories, commonwealths, and possessions and shall be enforced as if it were an order of that jurisdiction.

As a result of this order, it may be unlawful for the Respondent to purchase or possess a firearm, including a rifle , pistol , or revolver, or ammunition pursuant to federal law under 18 U.S.C. § 922(g)(8). If you have any questions whether these laws make it illegal for the Respondent to possess or purchase a firearm, you should consult an attorney.

Violation of any provision of this order by the Respondent, after actual notice of its terms, is a misdemeanor and may result in arrest and sentencing for up to one year in jail and a $5,000 fine, even if the Protected Person(s) consents to the violation. Only the Court can change this order.

Protection Order CAO DV 8-1 7/2019

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The Respondent was served and provided notice of hearing. Petitioner Appeared: DYes D No Represented by: Respondent Appeared: DYes D No Represented by:

D The Respondent agreed to entry of a protection order. D The Court found, after a hearing, that a protection order should be issued. D The Court finds that the original Petitioner is the abuser and the original Respondent is the victim of domestic violence. The Petitioner shall be the Respondent and the Respondent shall be the Petitioner.

THE COURT ORDERS: 1. Personal Conduct Order.

The Respondent shall not contact or attempt to contact the protected person(s) in any manner, including in person or through another person, or in writing or through any electronic means, including telephone, email , text, through social networking, or facsimile. The Respondent shall not harass; stalk; threaten; use, attempt to use or threaten use of physical force; or engage in any other conduct that would place the protected person(s) in reasonable fear of bodily injury. However, the Respondent may participate in legal proceedings involving the protected person(s) and may communicate through attorneys about legal issues involving the protected person(s).

PROTECTED PERSON(S) LISTED ON THE FIRST PAGE OF THIS ORDER: [01J D Petitioner [01J D Minor family members

[02J D Family or other household members [02J D Other Protected Person(s)

ros] 0 THERE ARE NO EXCEPTIONS TO THIS ORDER.

0 THERE ARE EXCEPTIONS ORDERED AS FOLLOWS: D contact by telephone/electronic means to arrange visitation of the child/ren D contact by telephone/electronic means between ___ .m. and ____ .m. on ____ _

________ for the following purposes: ----------------

0 to participate in court ordered mediation D to respond to an emergency involving your natural or adopted child/ren

D other:-------------------------------

2. Stay-Away Order. Respondent shall not, EVEN IF INVITED BY THE PROTECTED PERSON(S), knowingly remain within feet of the Protected Person(s}, or

D go within _____ feet of:

D Protected Person's residence at---------------------

[04J D Protected Person's school campus or work place at--------------

D Protected Person's child/ren's school campus or work place at __________ _

D Other: ----------------------------

Protection Order CAO DV 8-1 7/2019

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3. Move-out Order and/or Law enforcement assistance. D Does Not Apply

(031 D Respondent is ordered to move from the residence at---------------­

------------- immediately upon service of this order and take from the residence

only items needed for employment and necessary personal effects (at peace officer's discretion).

Law enforcement officers are ordered to: D Remove the Respondent from the residence listed above upon service of this order.

D Place the Protected Person in possession of the residence at-------------

D Supervise the removal of D Protected Person's D Respondent's items, at peace officer's discretion, from the residence.

Peace officers are instructed to enforce this Court order by all necessary means, including arrest.

4. Child custody. D Does Not Apply (09J D Respondent shall NOT have the child/ren until further order of the Court

OR Custody of the minor child/ren is awarded:

[06J D as provided in the existing child custody/divorce decree (Case#, County, Judge, Date Entered) :

Oasfollows: Name of Child (first, middle initial, last) Birth Date Sex Custody Awarded To

D Protected Person D Respondent

D shall have the child/ren as follows (list days, times and conditions): ------------

D supervised by: __________________________ _

D neutral drop off/pick up location:--------------------

0 child/ren to be transported by:--------------------

0 Neither party shall remove the child/ren from-------------------

0 Other:------------------------------

5. Conflicting Orders. If any term of another civil or criminal order conflicts with any term of this order you must follow the more restrictive term. Dismissal of any other order will not result in a dismissal of this order.

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6. Order on Renewal. D Does Not Apply D IT IS FURTHER ORDERED that if Respondent wants a hearing to object to the renewal of this

order, Respondent must file a request for such a hearing with the Court within 14 days.

7. Treatment/Counseling. D Attend an approved Domestic Violence Offender Intervention Program

D Attend counseling that focuses on----------------------

0 Within days of this order, Respondent shall report to -------------------------- and participate and complete all scheduled treatment or counseling. A written report shall be submitted to the Court within days of this order.

8. Change in Address and Future Service.

The parties shall, at all times, keep the Court informed of their current mailing addresses.

D Petitioner has waived the right to personal service and agreed that all future notices of hearing, orders, or modifications may be served by certified mail.

D Respondent has waived the right to personal service and agreed that all future notices of hearing, orders, or modifications may be served by certified mail.

9. Other.

10. Order to Clerk.

It is further ordered that the clerk of the court shall forward a copy of this order to the Sheriff's Office in the county in which this order was originally issued, or D for immediate entry into record systems and to facilitate service in the jurisdiction in which the Respondent resides , if not previously served . The clerk shall deliver or mail a copy of this order to the Petitioner.

Date: _____________ __ Signed: _______________ _ Judge

NOTICE: It is a misdemeanor under Idaho Code § 39-6312 for the Respondent, after notice of this order, to violate the provisions of this order. Further, it is a crime under Idaho Code § 18-204 for any person to aid and abet a crime, or, not being present, to advise and encourage a crime. In addition, under Idaho Code §18-304, any person who counsels, aids, solicits or incites another to commit a misdemeanor is guilty of a misdemeanor. Therefore. it may be a crime for any person to encourage or invite contact between the Respondent and the Petitioner. except such contact as is expressly permitted by the above order.

I have received a copy of this order, advisory notice, and warning.

Signed: _______________ __ Date: _____________ _

Petitioner

Signed: _______________ __ Date: _____________ _

Respondent ATTENTION: Keep a copy of this order in your possession at all times in order to assist peace officers. Immediately report any violation of this order to law enforcement.

Protection Order CAO DV 8-1 7/2019

Page 4 of 4

Page 18: In the Supreme Court of the State of IdahoSchedule A are hereby amended and adopted as the official uniform civil protection order forms for the state of Idaho for use in implementing

IN THE DISTRICT COURT FOR THE ___ JUDICIAL DISTRICT

FOR THE STATE OF IDAHO, IN AND FOR THE COUNTY OF-------­MAGISTRATE DIVISION

vs.

Petitioner (Protected Person)

Respondent (Restrained Person)

Case No. ____________________ _

NOTICE OF HEARING FOR:

0 MODIFICATION OF PROTECTION ORDER 0 TERMINATION OF PROTECTION ORDER 0 RENEWAL OF PROTECTION ORDER

D Petitioner D Respondent has/have requested a hearing to:

D Modify the Protection Order

D Terminate the Protection Order

D Renew the Protection Order until ______ , 20 __

D Make the Protection Order permanent

D IT IS ORDERED the Protection Order entered in this case on ________________ _

is extended until11:59 P.M. on , 20 __ . All portions of the

Protection Order remain in effect.

NOTICE OF HEARING A hearing will be held:

Oa.m. Date: _______________ Time: ________ D p.m.

Before Judge: ______________ at the _____________ County

Courthouse, (Address): , Idaho.

The Clerk of the Court shall forward a copy of this Order, with a copy of the Application to Modify,

Terminate, Renew Protection Order for service, as specified in the Protection Order.

Date: ---------------Judge

Copy served on Petitioner by D hand-delivery D certified mail to address shown in court files .

Copy served on Respondent by D hand-delivery D certified mail to address shown in court files.

Date:--------------

Typed/printed name

CLERK OF THE DISTRICT COURT

By: ______________ _

Deputy Clerk

Notice of Hearing to Modify, Terminate or Renew Protection Order CAO DV 9-2 07/01/2019

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