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? 

This guide was created by Idaho Legal Aid Services, Inc. to explain housing rights and protections a domestic violence survivor has under federal and state law.

For more information, please see the guide below. 

Emergency Help

If you or someone you know is being abused, get help as soon as possible. You can find the following kinds of help:

• Legal Help
• 24-hour domestic violence hotlines
• Shelters

Legal Help

Call the ILAS domestic violence hotline

208-746-7541
           

Staffed Monday-Friday 10:00 am to 12:30 pm and 1:30 pm to 4:30 pm Mountain Time (9:00 am to 11:30 am and 12:30 pm to 3:30 pm Pacific Time) by a legal aid attorney who can provide immediate free legal advice with civil problems involving domestic violence.

Translation services can be made available for Spanish speaking callers

Areas of legal advice include, but are not limited to:

• Cases to obtain, modify, or enforce civil protection orders
• Divorce-related separations
• Spousal and child support
• Child custody and/or visitation

To find more information about Idaho laws and ways to help yourself:

• Contact your local Court Assistance Office (CAO). There are many forms, instructions, and/or videos that you can use as a legal resource.
• Go to the CAO website to download forms, instructions, and/or videos. 

 http://www.courtselfhelp.idaho.gov/

To find a pro bono attorney:

• Call the Idaho Volunteer Lawyers Program
              (208) 334-4510
                      -or-
              1-800-221-3295
• Write the Idaho Volunteer Lawyers Program
              IVLP
              P.O. Box 895
              Boise, ID 83701-0895

To find a private attorney:

• Call the Idaho State Bar Lawyer Referral Service
              (208) 334-4500

If you have any questions about a lawyer, call the Idaho State Bar, (208) 334-4500

Domestic Violence 24-hour Hotlines and Shelters 

Idaho Crisis Lines

National Domestic Violence Hotline: https://www.thehotline.org/
1(800) 799−7233 or TTY 1(800)787−3224

Rose Advocates: https://www.roseadvocates.org/
24 hour Crisis Hotline: (208) 414-0740

Idaho Domestic Violence Shelters

Search for domestic violence shelters and other assistance. Proviced by the Idaho Coalition Against Sexual and Domestic Violence.

Search for domestic violence shelters and other assistance

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.

This page was last reviewed and updated on: August 17, 2020. Please visit the external Secretary of State's website to ensure that all forms attached here are up to date.

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 click on the link below for additional court resources, publications, and videos offered by the Idaho Supreme Court.

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.

Please view the attached Intimate Partner Violence Facts Infographic for more information. This infographic was created by Charity Smith.

The National Housing Law Project has created a Know Your Rights Brochure on the Violence Against Women Act and its protections related to federally assisted housing for survivors of domestic violence, sexual assault, dating violence, and stalking. 

Please view the brochure here for further information: https://nhlp.org/files/VAWA-2013-Packet.pdf. 

Idaho Legal Aid Services will hold a pre-filing workshop for survivors of domestic violence and sexual assault to provide assistance in filling out forms associated with divorce, custody, child support and protection orders. The event will be held at the Ada County Victim Services Center, 417 S 6th Street, Boise from 1:00 to 5:00 pm on July 11, 2024.  Call 208-577-4400 to RSVP.

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

• Staying in the U.S. if you are undocumented

• 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. 

Idaho Legal Aid Provides Confidential Legal Help to Stalking Survivors:

Stalking is a pattern of behavior directed at a specific person that would cause a reasonable person to fear for their life or to fear physical injury of themselves or a family or household member. 

--OR--

Stalking is also a pattern of behavior that is directed at a specific person that would cause a reasonable person to suffer substantial emotional distress.  For example, if the behavior seriously alarms, annoys, or harasses a person, it may be considered stalking.

How Many Incidents Create a Pattern of Behavior?

A pattern of behavior may be as few as two incidents of stalking.

What Kind of Behavior Could Be Considered “Stalking?”

Stalking can include a wide variety of acts but some acts may be: unwanted phone calls, texts, or contact via social media; unwanted gifts; showing up uninvited to a person’s work, home, or friends or family members’ homes; approaching an individual or his/her friends or family without permission; monitoring your behavior, either in-person or electronically; damaging your property; and/or threating you or your family members.

What if the Behavior is Not Scary to Anyone Else?

Reasonable fear depends on context and circumstances. In many stalking cases, the behavior of the perpetrator is only scary to the person being stalked because their knowledge of the stalker makes it scary.

For example, if a person moves and does not reveal their new address or location to their ex-boyfriend or girlfriend, but then that person receives a gift of flowers from that person – this may be terrifying and threatening if the person believed they were safe at their new home and that the stalker could not find them.

Important Information to Know:

Anyone can be a target for stalking behavior.  You may be targeted 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 stalking, regardless of age, gender, race, ethnicity, religion, geography, immigration status, ability, appearance, sexual orientation, and gender identity.

You do not need to report the stalking to the police to get our help.

Possible Legal Needs We Can Assist With:

We do not provide criminal public defender services, but we can provide civil legal help to survivors of stalking, such as the following:

• Planning for personal safety at home, work, or school
• Applying for a civil protection order
• Filing for divorce or custody of your child(ren)
• Transferring to a different school, class, or other educational 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 if a criminal case is pending
• Fighting payday loans, hospital bills, or other creditors
• Fighting identity theft
• Staying in the U.S. if you are undocumented
• 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
• Services related to privacy concerns, such as enrollment in Idaho's Address Confidentiality Program

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. 

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.

If you need information regarding what a civil protection order is, please see our What is a Civil Protection Order? guide here: What is a Civil Protection Order?

This pamphlet includes information on trauma bonding and how to identify it. If you have been in an abusive situation of any sort, you may have experienced trauma bonding. To learn more, please view our attached pamphlet. 

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, attached below and available through this link: https://www.idaholegalaid.org/node/2763/domestic-violence-and-housing-rights-guide.

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. You may also find this form attached below or through this link: https://www.hud.gov/program_offices/housing/mfh/violence_against_women_act. 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/program_offices/housing/mfh/violence_against_women_act. 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). 

Victim of Crime Services after Court

If your abuser is in prison, you have certain rights and responsibilities involved in their parole. The Commission of Pardons and Parole is Idaho’s parole and clemency board. The Commission meets every month at various Department of Correction institutions to conduct parole hearings and case reviews. Victim information and participation is an important and reccommended aspect of this process.

Victims of crimes have the following rights with regard to Commission parole hearings:

• The right to be treated with fairness, respect, dignity, and privacy.
• The right to receive notification of parole or special hearings conducted by the Commission.
• The right to present verbal or written testimony, upon request, at the hearing.
• All written information submitted by a victim to the Commission is confidential. If you do not feel comfortable attending the hearing, you may submit written testimony to the Victim’s Rights Coordinator, who will make sure your testimony is heard at the hearing. If you would like to attend the hearing, but do not wish to speak, the Victim Services Provider can give your testimony for you.
• You do not have to go to the parole hearing by yourself. You can call the Victim Services Office ahead of time and they will schedule someone to attend the hearing with you.
• The right to receive notification when a defendant is released on parole or escapes custody.
• The right to receive information and assistance about the Commission hearing process.

Victims of crimes have the following responsibilities with regard to Commission parole hearings:

• Victims are responsible for notifying the Commission if they wish to appear and testify at a Commission hearing.
• Victims must notify the Commission if their address changes.

To contact Victims of Crime Services:

Idaho Commission of Pardons and Parole
(208) 334-2520
3125 So. Shoshone, Suite A
P.O. Box 83720
Boise, ID 83702-1807
 

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.

Know about Elder Abuse

What is “elder abuse?”

Elder Abuse has many forms. It can mean any mistreatment of a senior. Examples   include confinement, neglect, abandonment, bodily injury, unwanted sexual contact, verbal intimidation and threats, and financial exploitation.

Myth: “We don't have that problem in our community.”

Fact: Abuse is often not seen or recognized.

Some people believe that elder abuse is not a problem in their community. Unfortunately, every community, no matter the size, nationality, income, or religion, has its share of invisible seniors suffering from abuse, neglect or exploitation.

Myth: “It's just part of growing old.”

Fact: Abuse is preventable. It should not be tolerated by anyone.

Every senior deserves respect, and no one should tolerate abuse. No senior should be physically harmed, deprived of food or medicine, sexually harassed, unreasonably coerced to live where they don’t want to, or have their money or property misused or stolen.

Elder Abuse May Look Like:

• Emotional and verbal abuse
• Physical abuse or restraint
• Neglect
• Financial exploitation
• Not letting other friends or family members see the elder.
• Abusers may be: family members, caregivers, trusted friends

Civil remedies.  If you are the victim of abuse, neglect, or financial exploitation, one remedy you have is the ability to revoke a power of attorney document if the person named in that document is not acting in your interest. You also have the option of bringing a civil lawsuit against an abusive party. A civil lawsuit is a non-criminal case that seeks money to compensate for physical or financial harms. For example, if an adult child took money from a senior’s bank account without her permission, a civil lawsuit could be filed to try and get the money returned. If you are interested in pursuing a civil lawsuit, you may want to talk with an attorney about your case. Another option available to victims of physical or sexual abuse is the Civil Protection Order (CPO), which orders an abusive family member or household member to stay away from you. To get a CPO, you apply at the local courthouse and give a sworn statement. A free CPO form is also available at idaholegalaid.org.

Criminal remedies.  Criminal remedies are focused on punishing a person who has violated the law. Several Idaho laws protect seniors from fraud, theft, physical abuse, neglect, and unwanted sexual contact. If you suspect that you are a victim of a crime, you can call the police and they will investigate. Filing criminal charges can be helpful in ensuring your safety by getting an abuser behind bars and because you can request a No Contact Order in some criminal cases.

What to know:

You shouldn’t have to live in fear or violence.

You don’t deserve abuse.

It’s not your fault if someone is abusing you.

You can make decisions for yourself.

People should have your permission to make decisions for you.

You can find help.

Many people have experienced what you are going through.

Know who to call:

If you or someone else is in danger, call 911.

If you are suffering from ongoing abuse or neglect, call Adult Protection Services. Adult Protection Investigates allegations of abuse, neglect, self-neglect, and exploitation of vulnerable adults. Adult Protection can work with the police, Health and Welfare, nursing homes, banks and lawyers to investigate and address cases of abuse and neglect.

If you, a neighbor, friend, or family member is suffering abuse or neglect at the hands of an another person, call Adult Protection Services. You can learn more about Adult Protection on the Idaho Commission on Aging’s website: www.aging.idaho.gov. 

Get Involved:

Justice Alliance for Vulnerable Adults

The Idaho Justice Alliance for Vulnerable Adults (JAVA) is a network of organizations and individuals working to prevent elder abuse through action and education. JAVA’s vision is to help its members work together towards an Idaho where every vulnerable adult is visible and valued. You can visit their website at javaidaho.org.

Area Agency on Aging & Adult Protection Services

 Idaho Commission on Aging Resources

The Idaho Commission on Aging (ICOA) helps provide Idaho’s seniors with basic necessities like transportation, nutrition, in-home services, and respite care. ICOA helps seniors remain independent and avoid going into an institution.

Aging and Disability Resource Center

Visit the Aging and Disability Resource Center at www.aging.idaho.gov to find helpful information for people planning long term care, to get help applying for government benefits, and to get answers to many of seniors’ most common questions about their rights and options. You can also contact the ADRC by calling 1-800-926-2588.

Area Agencies on Aging

Area Agencies on Aging in Idaho help seniors with many types of problems. Your local AAA may be able to help you with these services:

• Help with chores and homemaking
• Help for Caregivers
• Group Meals
• Home Delivered Meals
• Transportation Help
• Legal Assistance
• Respite Services

Ombudsmen

Ombudsmen are advocates for residents of nursing homes and assisted living facilities. They provide information about how to find a facility and what to do to get quality care. They are trained to resolve problems. If you want, the ombudsman can assist you with complaints. However, unless you give the ombudsman permission to share your concerns, these matters are kept confidential.

For more information about these services, call your local AAA office, the  numbers are listed above, or visit aging.idaho.gov.