What Is a No-Contact Order in Idaho, and What Happens If You Violate It?
What Is a No-Contact Order in Idaho, and What Happens If You Violate It?
If you’ve been arrested in Idaho for domestic violence, assault, battery, or a similar charge, the judge may issue a no-contact order at your first court appearance. That order can affect where you live, who you can talk to, and even how you see your children.
Many people don’t realize how strict these orders are, or how easy it is to violate one by accident. Here’s what you need to know about no-contact orders in Idaho and what happens if one is violated.
What Is a No-Contact Order?
A no-contact order (NCO) is a court order in a criminal case that prohibits you from contacting a specific person, usually the alleged victim. In Idaho, judges can issue these orders under Idaho Code § 18-920 when someone is charged with or convicted of offenses such as:
- Domestic violence
- Assault or battery
- Stalking
- Violating a protection order
- Other offenses where the court finds an order appropriate
No-contact orders are often issued at arraignment, sometimes within hours of an arrest. To learn more about that first hearing, read our post on what happens at an arraignment in an Idaho criminal case.
What Does a No-Contact Order Prohibit?
Idaho no-contact orders typically prohibit you from:
- Contacting the protected person in person, by phone, text, email, or social media
- Contacting them through another person, such as a friend or family member
- Going within a certain distance of the protected person, their home, or their workplace
Some orders include limited exceptions, such as communicating through attorneys, attending court hearings, or arranging child exchanges. These exceptions must be written into the order. If an exception isn’t listed, you should assume the contact isn’t allowed.
The Biggest Mistake: “But They Contacted Me”
One of the most common ways people violate a no-contact order is by responding when the protected person reaches out first.
The order applies to you, not to them. Even if the protected person calls, texts, or shows up at your home, responding can still be a violation. The protected person can’t give you permission to contact them, and the order stays in place until a judge changes it.
As the official Idaho form states: “Only a judge can modify this no contact order.”
What Happens If You Violate a No-Contact Order?
Violating a no-contact order is a separate crime in Idaho, on top of the original charge.
- First or second violation: A misdemeanor punishable by up to one year in county jail and a fine of up to $1,000.
- Third violation within five years: A felony punishable by up to five years in state prison and a fine of up to $5,000.
A violation can also have other consequences:
- Arrest without a warrant if police have probable cause to believe you violated the order
- No bail until you appear before a judge
- Changes to your bond in your original case, which could mean returning to jail
- Harm to your defense in the underlying case
How Long Does a No-Contact Order Last?
Each order lists an expiration date. In many cases, the order ends on that date or when the criminal case is dismissed, whichever comes first. If you’re convicted, the judge may issue a new or extended order as part of your sentence.
Dismissing another order, such as a civil protection order, does not automatically end the no-contact order in your criminal case.
Can a No-Contact Order Be Changed?
Yes, but only by the court. In Idaho:
- The protected person can file a written request with the court clerk to modify or end the order. The court must then hold a hearing.
- If you weren’t present when the order was issued, you may request a hearing within seven days of being served.
- Your defense attorney can ask the court to modify the order, for example to allow contact about children, shared bills, or retrieving personal belongings.
Never rely on an informal agreement or verbal permission. Until a judge signs a new order, the original order controls.
Frequently Asked Questions
Can I go home if there’s a no-contact order and the protected person lives there?
Usually not. If the protected person lives in your home, the order may prevent you from returning. Your attorney may be able to arrange a supervised visit to retrieve belongings or ask the court to modify the order.
What if the alleged victim wants to drop the charges?
In Idaho criminal cases, the prosecutor decides whether to pursue charges, not the alleged victim. Even if the protected person doesn’t want the order, it stays in effect until a judge changes it.
Is a no-contact order the same as a protection order?
No. A no-contact order is part of a criminal case. A civil protection order is requested by an individual through a separate civil process. You can have both at the same time, and each must be followed.
Talk to a Boise Criminal Defense Attorney
A no-contact order can turn your life upside down, and a single mistake can lead to new criminal charges. Attorney Nicholas Wollen and the team at Wollen Law, PLLC help clients in Boise and throughout Ada, Canyon, Gem, and Boise counties understand their orders, request changes when appropriate, and defend against violation charges.
Learn more about our no-contact order defense and domestic violence defense services. Call 208-615-9090 or contact us to discuss your case.
Disclaimer: This blog is for general information only and is not legal advice. Every case is different. Contact an attorney to discuss your specific situation.











