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Temporary Ex Parte Protection Order And Notice Of Hearing Form. This is a Idaho form and can be use in District Court Statewide.
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Tags: Temporary Ex Parte Protection Order And Notice Of Hearing, DV4-1, Idaho Statewide, District Court
Protection Order
Case No.
Temporary Ex Parte Order and Notice of Hearing
Amended Temporary Order and Notice of
Hearing
PETITIONER [ ] PROTECTED PERSON
First
Middle
And
Or on behalf of
Court
_______________Judicial District
County
State Idaho
PETITIONER/PROTECTED PERSON IDENTIFIERS
Last
minor family member(s)
(list name and DOB)
Date of Birth of Petitioner
other Protected Person(s):
(list name and DOB)
_______________________________________
_______________________________________
_______________________________________
_______________________________________
RESPONDENT
RESPONDENT IDENTIFIERS
SEX
First
Middle
RACE
EYES
HAIR
DOB
HT
WT
Last
__________________________________________________
DISTINGUISHING FEATURES
Respondent’s Address
__________________________________________________
Relationship to Protected person:
spouse:
former spouse;
living together;
formerly living together;
child in common;
parent
related by blood, adoption or marriage;
are in, or have been in, a dating relationship.
DRIVERS LICENSE #
CAUTION:
STATE
Weapon Alleged to be Involved.
The court has jurisdiction over the parties and subject matter, the Respondent will be provided with reasonable
notice and opportunity to be heard. The Respondent represents an immediate and present danger of domestic
violence to the Protected Person(s) and irreparable injury could result from domestic violence if an order is not
issued immediately without prior notice to Respondent.
The terms of this order shall be effective until
earlier by another court order.
,
at 11:59 P.M. /unless terminated
WARNINGS: This order shall be enforced, even without registration, by the courts of any state, the
District of Columbia, any U.S. Territory, and may be enforced on Tribal Lands (18 U.S.C. Section 2265).
Crossing state, territorial, or tribal boundaries to violate this order may result in federal imprisonment
(18 U.S.C. Section 2262).
Federal law provides penalties for possessing, transporting, shipping, or receiving any firearm or
ammunition (18 U.S.C. Section 922(g)(8)).
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 (1) year in jail and a five thousand
dollar ($5,000) fine, even if the protected person consents to the violation.
Only the Court can change this order.
Temporary Ex Parte Protection Order & Notice of Hearing
CAO DV 4-1 Revised 12/10/2007
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THE COURT ORDERS:
1. Personal Conduct Order. Respondent shall not harass, annoy, disturb the peace of, telephone, contact or
otherwise communicate with (either directly or indirectly, in person or through any other person):
[01]
The Protected Person
The minor child/ren residing in the Protected Person’s household.
Exceptions are: to meet with or through attorneys or during legal proceedings
[05]
contact by telephone to arrange visitation of the child/ren
contact by telephone between
.m. and
.m. on
for the following purposes:
to participate in counseling/mediation, if Court ordered
to respond to an emergency involving the child/ren
Other:
2
Stay-Away Order. Respondent shall not, EVEN IF INVITED BY THE PROTECTED PERSON,
go to:
go within
feet of:
Protected Person
Protected Person’s residence at
Protected Person’s school campus or work place at
[04]
Protected Person’s child/ren’s school campus or work place at
Other:
3
Move-out Order.
Respondent
Protected Person is ordered to move from the residence at
and
[03]
take from the residence only items needed for employment and necessary personal effects (at peace
officer’s discretion).
Temporary Ex Parte Protection Order & Notice of Hearing
CAO DV 4-1 Revised 12/10/2007
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4. Child custody. Custody of the minor child/ren is awarded
as provided in the existing child custody order/divorce decree entered
as follows:
[06]
Name of Child
Protected Person
[09]
(first, middle initial, last)
Birth Date
Sex
Custody Awarded To
Respondent
shall NOT have the child/ren until further order of the Court
shall have the child/ren as follows (list days, times and conditions):
[06]
supervised by:
neutral drop off/pick up location:
child/ren to be transported by:
Neither party shall remove the child/ren from
5. Law enforcement assistance. Peace officers are instructed to enforce this Court order by all
necessary means, including arrest.
Law enforcement officers are ordered to:
Remove the Respondent from the residence at
peace officer’s discretion, but no later than
. The time for removal shall be at the
hours after service of this order.
Place the Protected Person in possession of the residence at
Supervise the removal of Protected Person’s Respondent’s items needed for employment and
necessary personal effects (at peace officer’s discretion) from the residence.
6. Conflicting Orders.
If any term of another order conflicts with any term of this order you must follow the more restrictive
term.
7. Order to clerk. It is further ordered that the clerk of the court shall forward a copy of this order to the
appropriate law enforcement agency for immediate service upon Respondent; and the clerk shall deliver or
mail a copy of this order to the Petitioner.
Temporary Ex Parte Protection Order & Notice of Hearing
CAO DV 4-1 Revised 12/10/2007
Page 3 of 4
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8. Other:
[07]
[08]
NOTICE OF HEARING
The Petitioner and Respondent are notified that a hearing to decide whether a longer Protection Order will
on
be issued is scheduled before Judge
20
, at
o’clock
m, at the
,
County Courthouse located at
, Idaho.
in
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.
Signed:
Date:
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 § 8-204 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 [ ] and agree to receive copies of future notices by certified mail.
Signed:
Date:
Petitioner
I have received a copy of this order [ ] and agree to receive copies of future notices by certified mail.
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.
Temporary Ex Parte Protection Order & Notice of Hearing
CAO DV 4-1 Revised 12/10/2007
Page 4 of 4
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