At this time, it is unknown to most how the processing of protection orders will be laid out in Odyssey. Supreme Court is now in the process of developing the Forms. In years prior, ISTARS procedures were our main focus with the case processing part of this class. Now that Odyssey is right around the corner, we will only be focusing on key details. You will see interactive questions throughout this presentation, your participation is appreciated.

 Phase I- Filing of Petition  Phase II- Hearing/Review  Phase III- Handling of Orders

 Petition for Protection Order (CAO DV 1-1 2/12/2008)  Family Law Information Sheet (CAO FL 1-1 1/19/2011 )  Sheriff’s Information Sheet (CAO DV 1-2 1/25/2011)

 Mandatory specific forms to be used on all petitions and orders  Keep in mind that it is not up to the Clerk to determine the qualifications for a Protection Order / The decision will always be made by the Judge  Each petition that is filed is a brand new case / No stacking

 Clerk must witness Petitioner’s signature/If they have signed already, have them sign again  We as Clerks, are unable to tell the Petitioner who needs to be listed as the Petitioner and who is the Respondent, even if the parties are minors/If filled out incorrectly, the judge will let the Petitioner know

A. Yes, as long as we have them fill out the Family Law Information Sheet and the Sheriff’s Information Sheet. B. Yes, we just need to witness the Petitioners signature. C. A & B D. No, they must use court approved forms ONLY.

 Answer D. No, they MUST use court approved forms ONLY.

 Petition is reviewed by Judge immediately or hearing is scheduled within one judicial day  Judge grants or denies The Ex Parte Temporary Order

 If granted, a Review Hearing will be scheduled within 14 days of the Temporary Order and the Respondent will need to be served by law enforcement (Order and Notice of Hearing)  If denied, the case will be dismissed and closed

A. Only if the neighbor is of age. B. I’m sorry, but the Judge will not grant it because it has to be a domestic relationship. C. It is entirely up to you. If you would like the paperwork, I will get it for you. The Judge will have to decide if it qualifies. D. Be helpful and explain to them what the Judge is looking for so they don’t waste their time and ours.

 Answer C. It is entirely up to you. If you would like the paperwork, I will get it for you. The Judge will have to decide if it qualifies.

 Orders issued by the court are immediately faxed/sent to the Sheriff’s Office for service and entrance into NCIC and ILETS (Respondent may be served in court if present)  All Orders are to be the specific forms approved by Supreme Court to be nationally recognized

 Ability to serve the Respondent in a timely manner (Order cannot be enforced until served on Respondent)  Sheriff’s Office will be able to get the information into NCIC (National Crime Information Center) and ILETS (Idaho Law Enforcement Tracking System)

 Once entered into ILETS the Order is enforceable nationally  With Respondents information entered into NCIC and ILETS it prevents them from being able to obtain a firearm

A. Can be put in place when both parties agree. B. Should not exist. Court should require Respondent to file a separate Petition. C. Mutual Orders are entitled to full faith and credit against the Petitioner. D. None of the above.

 Answer B. Should not exist. Court should require Respondent to file a separate Petition.

To register a Foreign Protection Order in the state of Idaho, you will need 3 things : 1) Family Law Information Sheet 2) Certified copy of Foreign Order 3) Affidavit

Open and assign it a Domestic Violence case number. Close – No notices or Certificate of Mailing needed Fax copy of Foreign Order to Sheriffs Office for entrance into ILETS and NCIC

In order to serve a respondent living out of state, the following documents are required to be faxed to law enforcement : 1) Certified copy of Petition 2) Two Certified copies of Order 3) Sheriffs Information Sheet **Clerk is responsible for getting these to law enforcement in the proper county where Respondent resides**

A. Yes, there can be several. B. Yes, but only if they are from another state. C. Only if the other parties are minors. D. No, each party must file their own petition or another petition for each respondent.

 Answer C. Only if the other parties are minors.

 Spanish Forms are being tested as we speak in Ada County.  Each county will have to create procedures that best suit their counties needs.  Not all counties have a Language Access Office.  Spanish Forms are for informational purposes only. They are not filed and do not become part of the court record.

1) Even though Protection Order cases are sealed, ALL orders are available to the public, even if they don’t have the case number. Some orders may need to be redacted as the children's info is not to be given out (name, d.o.b., etc. ) 2) Anyone requesting copies of other pleadings who are not a party or the attorney of record, must fill out a Request to Inspect form and have permission from the Judge

 WCA – Women's and Children's Alliance  F.A.C.E.S.  Idaho Legal Aid (website has interactive forms)  Idaho Supreme Court (website as well)

A. 3,383 B. 4,047 C. 689 D. 6,987

Answer B. 4,047