Civil Protection Order (CPO) vs No Contact Order (NCO)
CPO: A Civil Protection Order is a court-issued civil order prohibiting an abuser from contacting or approaching a victim, designed to protect individuals from domestic violence, abuse, stalking, or harassment. It is a legally enforceable order that can require the respondent to stay away from the victim’s home, work, or school, and may include temporary custody or housing provisions. This is a document that a person can ask a judge to grant, regardless of law enforcement involvement in a situation.
NCO: A No Contact Order is a court-issued criminal order prohibiting a defendant from contacting an alleged victim, usually in domestic violence or sexual assault cases. It bans all forms of communication (phone, email, third-party) and physical proximity. This is a document that is put in place by a judge, not at the request of the victim, and is attached to a criminal case.
There are two statutes that a person can file a CPO under, Domestic Violence and Stalking/Threats. The judge will be looking to see if the following criteria are met in order to grant a CPO:
Domestic Violence — Idaho Code 39-6303
- Must be a qualifying relationship between petitioner (or anyone petitioner is filing on behalf of) and the respondent. Qualifying relationships include married/previously married; dating/previously dated; related by blood, marriage, or adoption; persons who have a child in common; or currently living together/previously lived together
- Must be a recent act or threat of physical injury, sexual abuse, or forced imprisonment
Stalking/Threats — Idaho Code 18-7907
- There have been repeated acts of either stalking, telephone threats, or threats based on a person’s race, color, religion, ancestry, or national origin
- The acts mentioned above have occurred within the last 90 days and are likely to occur again in the future
Use the online Court Self Help filing or go in person to the Court Assistance Office at your local courthouse.
Call Idaho Legal Aid Services or a local victim service agency for assistance with filing a CPO.
