Rule 46.2 – No Contact Orders

May 11, 2021 | Civil Procedure, Idaho

(a) Orders in Writing; Service; Form; Contents. No contact orders issued pursuant to Idaho Code ยง 18-920 must be on the Supreme Court form found in Appendix A and served on or signed by the defendant. A defendant, who was not present when the order was initially issued, may request a hearing on the order. This request must be filed within seven (7), days of service of the order. The court must hold a hearing within fourteen (14) days of the filing of the request and must provide notice of the hearing to the protected person and the parties. Whenever a no contact order is issued, modified or terminated by the court, or the criminal case is dismissed, the clerk must immediately give written notification to the sheriffs office in the county in which the order was originally issued for entry into records systems.
(b) Modification or Termination at Request of Protected Person. 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. The court must provide for a hearing within fourteen (14) days of the request and must provide notice of the hearing to the protected person and the parties.

Id. Crim. R. 46.2

Adopted by Order dated February 22, 2017, effective July 1, 2017; amended May 5, 2017, effective July 1, 2017; last amended May 30, 2017, effective July 1, 2017.