The National Council of Juvenile and Family Court Judges has created a guide on How to Gather Technology Abuse Evidence for Court, whether as evidence in a civil protection order case, a custody case, or a divorce case. 

To view this guide, please visit: https://www.ncjfcj.org/publications/how-to-gather-technology-abuse-evidence-for-court.

Idaho Legal Aid Services, Inc. has created the attached template that you can use to file a Response in an Idaho courthouse if a Petition for Appointment of a Guardian for a Minor has been filed.

In order to properly respond to a Petition for Guardianship of a Minor, you will need to file:

(1) a Response, and

(2) a Family Law Case Information Sheet for De Facto Custodian, Adoption, and Minor Guardianship Cases.

You may find both of these forms attached below.

Fillable PDF Forms for Adult or Minor Name Changes 
Please go to: https://courtselfhelp.idaho.gov/Forms/name to find fillable PDF forms for either an adult or a minor name change that you can fill out and file with your local courthouse. Please read the instructions before filing out the forms. 

Interactive Forms for Adult or Minor Name Changes 
Interactive forms are free to low income people in Idaho with certain issues. Interactive forms allow a person to input information which automatically enters into the appropriate forms. Interactive forms for adult and minor name changes are available on the Idaho Guide & File website. Click "Start Your Legal Process" to to generate forms you can use to e-file or print to file in person at your local courthouse.

The Bureau of Vital Records and Health Statistics of the Idaho Department of Health and Welfare’s Division of Public Health has created instructions for how to request a change in the name on your Idaho birth certificate. 

For these instructions, please click here: Instructions for How to Change Your Name on Your Birth Certificate.

Community Debts 
Community debts are debts incurred during your marriage by you or your spouse that are not separate debts. Generally, separate debts are debts you had before you got married, bills you owe for improving or maintaining your separate property, or debts you acquire solely in your own name. (Most debts acquired during marriage are community debts.) 

Community Personal Property 
Community Personal Property is all property that is not real-estate acquired by both you and your spouse during the marriage that is not separate property. Personal community property can include: 

• furniture
• clothing
• vehicles
• cash
• bank accounts
• securities
• debts owed to you
• retirement accounts* 

*If either of you have retirement accounts you should definitely talk to an attorney before proceeding. 

Community Real Property 
Community Real Property is real-estate/land (with or without permanently attached buildings) acquired by one or both of you during the marriage unless it is separate property that was given to either of you separately as a gift; inheritance; or in exchange for other separate property. 

Legal Description of Real Estate 
The legal description of your property can be found in the property deed. If you do not have a copy of your deed, for a fee, you can get a copy of the property deed from your local County Recorder's office. Example of a property legal description: Morningside Subdivision, Lot 12, East 68.10’, of South 103’, Block 3. 

Separate Property 
Separate property is real estate or personal property either: 

• owned before the marriage
• received during the marriage by gift or inheritance separate from your spouse
• got in exchange for other separate property. 

Real estate is a house or land, with or without buildings. Personal property includes: 

• furniture
• clothing
• vehicles
• cash
• bank accounts
• securities
• debts owed to you
• retirement accounts* 

*If either of you have retirement accounts you should definitely talk to an attorney before proceeding.

The State of Idaho's Court Assistance Office has forms available for Divorce with No Minor Children and Divorce with Minor Children. You can access these forms by visiting the Court Assistance Office directly.

Idaho Legal Aid Services has also created a Divorce with No Minor Children guide that can be accessed below. Please note that some variations on this process may occur on a case-by-case basis or from courthouse to courthouse.

Idaho Legal Aid Services, Inc. has created a Civil Protection Order Guide to help you understand who may file for a civil protection order, what circumstances and situations allow one to file for a civil protection order, and what relationships, if any, are required between the person filing for a civil protection order and the person the civil protection order is against. This guide also includes information on how to file for a civil protection order, what hearings take place, how to prepare for these hearings, and resources available to Idahoans. 

Please view the PDF below for more information.

Idaho courts can assist a victim of domestic violence through protection orders which restrict or prohibit contact between the victim of abuse and the abuser. Idaho Code Section 39-6301, et seq. Domestic violence includes physical injury, sexual abuse, forced imprisonment or the threat thereof. 

We also have specific county guides available for Ada, Boise, Elmore, and Valley Counties regarding the civil protection order process. Please view these guides below.

Technology Safety Statement 
Use of your home computer to visit this site can be tracked by someone in your home. You may want to use a computer in a public library or internet café. 

Interactive Forms 
Interactive forms are free to low income people in Idaho with certain family law issues. Interactive forms allow a person to input information which automatically enters into the appropriate forms. Interactive forms are available on the Idaho Guide & File website. Click "Start Your Legal Process" to to generate forms you can use to e-file or print to file in person at your local courthouse. 

Fillable PDF Forms 
Fillable PDF forms are also available if you prefer not use to the interactive forms process. You may find fillable PDF forms and instructions here: https://courtselfhelp.idaho.gov/Forms/Protection. Don't forget to view the instructions for each form before filing out the forms. 

For information on the process of a civil protection or what is a civil protection order, please see our webpages here: The Process of a Civil Protection Order and What is a Civil Protection Order?

The National Council of Juvenile and Family Court Judges has created a guide on How to Gather Technology Abuse Evidence for Court, whether as evidence in a civil protection order case, a custody case, or a divorce case. 

To view this guide, please visit: https://www.ncjfcj.org/publications/how-to-gather-technology-abuse-evidence-for-court/.

If you move to a new location to escape domestic violence, sexual abuse or stalking, the Address Confidentiality Program (ACP) can help keep your new address confidential. This is done through the use of a mail-forwarding service and substitute address. In accordance with Idaho Code § 19-57, all state and local agencies are required to accept the substitute address as the actual address of the individual. 

Upon approval of your ACP application, your first-class mail is sent to the secure ACP substitute address and then forwarded to your new home. You can also use the substitute address for a variety of state and local government requirements, such as: 

• Applying for and receiving child support
• Getting an Idaho driver’s license
• Enrolling your children in public schools
• Applying for a marriage license 

The ACP can help protect you and your loved ones by keeping your physical address private, where it would appear in public records.

 For more information on the Address Confidentiality Program and to fill out an application for the program, please visit the Idaho Secretary of State Office's website: https://sos.idaho.gov/address-confidentiality-program-acp/. You may also find further information attached below.

The Idaho State Court System Domestic Violence Brochure (with details regarding civil protection orders and other resources): https://isc.idaho.gov/resources/DV_Brochure_2012_Eng.pdf 

For this brochure in Spanish, please click here: https://isc.idaho.gov/resources/DV_Brochure_2012_Span.pdf. 

For more information, please visit the Idaho Supreme Court's website for additional court resources, publications, and videos.

Note: video files are .wmv format and play in Windows Media Player. The video files are quite large and may take a few minutes to download depending on your Internet connection speed.

Idaho Legal Aid Provides Confidential Legal Help to Sexual Violence Survivors: Sexual Violence is any behavior or contact of a sexual nature that is unwanted. A perpetrator may use force, threats, manipulation and/or coercion to commit sexual violence. Sexual violence includes a wide range of behaviors such as: 

• Rape or sexual assault
• Child sexual assault and incest
• Sexual assault by a spouse or current partner
• Unwanted sexual contact or touching
• Sexual harassment
• Sexual exploitation and trafficking
• Exposing one’s genitals or naked body to other(s) without consent
• Masturbating in public
• Watching someone engage in private acts without their knowledge or permission
• Nonconsensual image sharing 

Important Information to Know: Sexual violence can happen to anyone and by anyone. You may be hurt by someone you know or a stranger at any time in your life. 

We will protect your privacy. We provide services to all survivors of sexual violence regardless of age, gender, race, ethnicity, religion, geography, immigration status, ability, appearance, sexual orientation, and gender identity. You do not need to report sexual violence to the police to get our help. We do not provide criminal public defender services. 

Possible Legal Needs: 

• Personal safety at home, work or school
• Applying for a protective order
• Filing for divorce or custody of your children
• Transferring to a different school or other education accommodations
• Keeping medical, mental health, and education records private
• Terminating a lease, getting a perpetrator off a lease, or fighting an eviction or discrimination
• Applying for unemployment benefits, food stamps, Medicaid, or Social Security disability
• Applying for crime victim compensation Fighting payday loans, hospital bills, or other creditors
• Fighting identity theft
• Representing you regarding your participation as a witness in a criminal prosecution of the perpetrator
• Discrimination or other employment issues
• Representation related to a college or university sexual misconduct (Title IX) proceeding. 

With funding from the Office on Violence Against Women, Idaho Legal Aid Services has created the Rural Idaho Survivor Assistance Fund to support and advocate for survivors of domestic violence, sexual assault, dating violence, or stalking. Survivors of violence often need a network of support to help them achieve safety, and we hope to use these funds to help survivors access services that may otherwise be out of reach. If you believe you may benefit from this fund, and want to see if you qualify, please let us know when you contact our hotline.

Under the Violence Against Women Act (VAWA), a tenant may not be denied assistance, terminated from participation, or be evicted from your rental housing because that tenant is or has been a victim of domestic violence, dating violence, sexual assault, or stalking. 

Am I a Protected Person Under VAWA? 
VAWA only applies to certain kinds of rental housing. To find out whether you are a protected person under VAWA, view our Domestic Violence and Housing Rights Guide in the section above.

Notice of Occupancy Rights under the Violence Against Women Act 
If you are a protected person under VAWA, you may use the attached “Notice of Occupancy Rights under the Violence Against Women Act” to invoke your rights as a tenant. The attached form was created by the U.S. Department of Housing and Urban Development and can be used by survivors of domestic violence, dating violence, stalking, or sexual assault to submit to their housing provider for protections under the Violence Against Women Act (VAWA). 

Certification Form for Domestic Violence, Stalking, Sexual Assault, or Dating Violence 
If you are seeking VAWA protections from your housing provider, your housing provider may give you a written request that asks you to submit documentation about the incident or incidents of domestic violence, dating violence, sexual assault, or stalking. In response to this request, you or someone on your behalf may complete the attached form and submit it to your housing provider. You may also find this form through this link: https://www.hud.gov/VAWA. The attached form was created by the U.S. Department of Housing and Urban Development and can be used by survivors of domestic violence, dating violence, stalking, or sexual assault to submit to their housing provider for protections under the Violence Against Women Act (VAWA).

If your spouse or partner has threatened or assaulted you, you may be thinking of leaving one state to go to another. This can be a difficult decision when you have children in common. This guide is designed to help you understand some of the legal issues involved in moving from one state to another with children.

The Uniform Family Law Interrogatories are questions to ask the other party to gain information and evidence regarding your family law case. You can edit this document as necessary for your case. 

You can have up to 40 questions in your interrogatories and you can delete any question in the Uniform Interrogatories that is not applicable to your case. Interrogatories and their subparts can count as additional questions toward the 40 questions (please read Rule 413 of Idaho Rules of Family Law Procedure, linked below). You can ask specific questions in your interrogatories that are relevant to your case (so relevant to property (if a divorce case), physical or legal custody, visitation, or child support issues). For example, one non-uniform question may be: "Who is the minor child's counselor? Please provide name and contact information for the counselor and the length of time the minor child has been seeing this counselor." 

Please note that you will likely have to answer Interrogatories sent by the opposing party or his or her attorney as well. These will have to be filled out, your signature must be notarized, and then you must send them to opposing party or his or her attorney within 30 days of being served with them. 

For information about interrogatories, see Idaho Rules of Family Law Procedure 413 and Idaho Rules of Family Law Procedure 414. For the most up-to-date Uniform Family Law Interrogatories, please visit the Idaho Supreme Court's website and refer to Form 2.

Idaho is a “no fault” divorce state, which means that you don’t have to prove that your spouse did anything wrong in order to get a divorce and you do not need your spouse’s consent to file. You just need to prove that there are “irreconcilable differences” between you and your spouse. 

Residency
You must live in Idaho for six full weeks in a row before filing for divorce. 

Community Property & Debt 
In Idaho, a court will assume that both spouses contributed equally to the marriage, even if only one spouse worked. The property earned by either spouse during the marriage is called “community property” and will usually be split 50/50 at divorce. The community’s debts will also be divided equally. However, you can ask for a different arrangement if your unique situation (income, age, illness, etc.) justifies a different division. 

Pro se 
You can file divorce “pro se” (by yourself, without an attorney). All of the forms you will need are available at the Court’s Assistance Office of your local county’s courthouse, and also online at: www.courtselfhelp.idaho.gov. 

To become a child’s guardian, you have to show a judge that you are qualified to be the child’s guardian and that a guardianship is in the best interest of the child. You also have to show the court that the child’s parents have abused, neglected or abandoned the child or cannot provide a stable home environment. If the parent fails to keep a “normal parental relationship” for six months without a good excuse, the court will assume that the parent has abandoned the child. You will have to send notices to the child’s parents that you are petitioning for a guardianship. The court will likely appoint a Guardian ad litem (an attorney) to speak for the child during the process. If you are appointed guardian, you will have to file an Annual Report with the court. 

An attorney is generally needed to successfully pursue a guardianship case. You can find resources for grandparents raising a grandchild at: http://www.211.idaho.gov/kincare/Kincare.html.

Technology Safety Statement: Use of your home computer to visit this site can be tracked by someone in your home. You may want to use a computer in a public library or internet café. 

Interactive Forms
Interactive forms are free to low income people in Idaho with certain family law issues. Interactive forms allow a person to input information which automatically enters into the appropriate forms. Interactive forms are available on the Idaho Guide & File website. Click "Start Your Legal Process" to to generate forms you can use to e-file or print to file in person at your local courthouse. 

Fillable PDF Forms 
Fillable PDF forms are also available if you prefer not use to the interactive forms process. You may find fillable PDF forms and instructions here: https://courtselfhelp.idaho.gov/. Please click on the "Forms" tab in the top-right corner and then select the type of issue you are having (such as divorce, custody, or change of custody) and it will bring you to the appropriate forms for that issue. Don't forget to view the instructions for each form before filing out the forms. 

Fee Waiver Forms 
In addition to your family law forms, you may want to consider filing for a fee waiver with the court if you cannot avoid the filing fees for your case. You can find instructions and forms regarding filing a fee waiver at the bottom of this webpage: https://courtselfhelp.idaho.gov/Forms/civil