What an Idaho No-Contact Order Requires and How to Change It

Attorney Answer

A no-contact order means no contact of any kind — direct or indirect — and only the judge can change it. Not the protected person, and not an agreement between the two of you.

Idaho Code § 18-920 defines the crime of violating a no-contact order and sets the penalties: a first or second violation is a misdemeanor punishable by up to one year in jail and/or a $1,000 fine, and a third violation within five years is a felony. A violation may also result in an increase, revocation, or modification of the bond in the underlying criminal case — which in practice can mean sitting in jail while the case is pending.

The critical thing to understand is who the order binds. It restrains the person named as the defendant. It does not restrain the protected person. So if the protected person calls, texts, or shows up, and the restrained person responds, it is the restrained person who is exposed to a charge. "They contacted me first" is not a rule that appears anywhere in the statute.

Section 18-920 does not tell you how to change the order. That procedure is in Idaho Criminal Rule 46.2. Under that rule, a protected person named in a no-contact order may request that the order be modified or terminated by filing a written, signed request with the clerk of the court where the criminal offense is filed; the clerk must have forms available; and the court must hold a hearing within 14 days of the request, with notice to the protected person and the parties. That right belongs to the protected person. If you are the restrained party, that is not your route — your motion goes through your defense attorney in the criminal case. And in both situations, the judge decides. Filing a request is not the same as getting the order lifted, and courts routinely say no.

What you can do

1. Get a copy of the actual order and read its exact terms. Who is protected, what distance you must keep, whether it covers a residence, workplace, or school, whether third-party contact is prohibited, and when it expires. 2. Until it changes, have no contact at all: no calls, texts, emails, social media messages, comments, likes, letters, gifts, or messages passed through friends or relatives. Indirect contact through another person is still contact. 3. If you are the protected person and want it modified or ended, ask the clerk of the court where the criminal case is filed for the Idaho Criminal Rule 46.2 form, file the written signed request, and expect a hearing within 14 days. Be prepared to explain to the judge why the change is safe. 4. If you are the restrained person, tell your defense attorney what you need and have counsel file a motion in the criminal case. Do not contact the protected person to ask them to file for you — that request is itself a violation. 5. If you need belongings from a shared home, or exchanges of children, ask the court for a specific written exception. Do not improvise one. 6. Keep a copy of the order with you, and note its expiration date. Assume it is in force until a judge says otherwise in writing. 7. If contact happens by accident — you run into each other — leave immediately, and tell your attorney the same day.