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IDAHO FALLS, Idaho (AP) — Idaho's restraining order laws are coming under scrutiny following the case of a Boise hairdresser who authorities say was shot and wounded by a man who was stalking her.
Officials say obtaining a restraining order in the state can be difficult for victims seeking protection against abusers who aren't a blood relative or a spouse.
So-called no-contact orders typically are issued in criminal cases after an offender is charged with some form of abuse against a partner, the Post Register reported (http://bit.ly/1MTovDZ). The parameters of a no-contact order are set by a judge.
Separately, a civil protection order may be granted without a criminal charge being pressed, but the victim must have dated, lived with, been married to or be related to the person. There must also be evidence of abuse, forced imprisonment or a threat of violence.
Victims tend to prefer civil protection orders over no-contact orders to avoid criminal charges, said Teena McBride, executive director of the Domestic Violence and Sexual Assault Center.
"There's a very specific reason protection orders were developed in the late 1980s," McBride said. "So many victims were being killed by their partners."
No-contact and civil protection orders provide victims with the same protections, but a civil protection order offers more flexibility for appeal or modification.
The process of obtaining such orders in Idaho has drawn attention after Makaela Zabel-Gravatt was shot at twice in her backyard earlier this year.
Zabel-Gravatt had no romantic relationship with Christopher Wirfs, the man accused of stalking and shooting her. Instead, he was her client at a hair studio.
Before Zabel-Gravatt was shot, she tried unsuccessfully multiple times to get a restraining order against Wirf.
The shooting has sparked interest in reforming the state's restraining order laws during the 2016 Legislature. State Sen. Grant Burgoyne, a Democrat from Boise, is currently drafting legislation to submit during the session.
Mike Hinman, managing attorney at Idaho Legal Aid Services, said restraining orders tend to be contested because state law requires the accused to relinquish their guns while the order is in effect.
Overall, Hinman says the process of getting a restraining order can take as little as a day.
"It's usually pretty short and sweet in finding if they meet the requirements and there is an immediate threat," Hinman said. "But a lot of times victims put up with horrendous (stuff) for years and years."
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Information from: Post Register, http://www.postregister.com
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