Montana Domestic Violence Laws

Crimes that involve the people we trust can be heartbreaking and shattering. Domestic violence offenses involve an abuser exerting control and power over a victim, often making their life a nightmare. Montana law has provisions in place to protect victims of domestic abuse and punish their abusers.

The first step to escaping domestic violence abuse is to understand what it is. In this article, we’ll examine the definition of domestic violence under Montana law, determine who can be involved, and what options and protections are in place for victims. Armed with knowledge, victims can break the endless cycle of abuse, threats, and violence and find a better life.

Montana Domestic Violence Laws: The Basics

Certain crimes committed by people in specific relationships are classified as domestic violence in Montana. Knowing which offenses count and who qualifies is a bit confusing. Let’s dig into both aspects to gain a better grasp of what domestic violence is.

Domestic Violence in Montana: Participants

No matter what the offense is, a crime between two strangers isn’t domestic violence. As suggested by the word domestic, these crimes are associated with life at home between family members and partners. To be considered a domestic offense, the people involved must share one of the following relationships:

Partners:

• Spouses
• Former spouses
• Persons who have a child in common
• Persons who are dating or are intimate partners
• Persons who were in an ongoing intimate relationship or dating relationship

Family Members:

• Parents
• Children
• Siblings
• In-laws
• Adoptive children
• Adoptive parents
• Step-children
• Step-parents
• Other past or present family members of a household

Inclusion in one of these groups doesn’t mean every crime involved is considered domestic violence. Prosecution for non-domestic violence crimes is still available, but certain protections and punishments aren’t attached. Some Montana domestic violence orders of protection are used for victims of stalking and sexual assault as well.

Domestic Violence Crimes in Montana: Offenses

Having an abuser and a victim who are family members or partners is part of the requirement for crimes to be domestic violence. The other half consists of the acts themselves, which fall under specific categories.

There are many different types of abuse utilized by abusers to control and punish their victims. Family members and partners are committing a domestic violence crime in Montana if they:

• Cause an intentional bodily injury to a family member or partner
• Cause a bodily injury to a family member or partner with a weapon
• Cause, with intent, a family member or partner to live in fear of bodily injury

Numerous criminal acts fall under the abuses listed above. Some carry enhanced penalties for the abuser if the offense fits the domestic violence requirements. These include:

• Assault/Aggravated assault/Assault on a minor/Assault with a weapon/Partner or family member assault
• Intimidation
• Criminal endangerment/Negligent endangerment
• Strangulation of a partner or family member
• Unlawful restraint
• Kidnapping/Aggravated kidnapping
• Arson

Crimes that involve sexual assault, rape, and stalking can fall under types of assault for domestic crime determination. These offenses are eligible for orders of protection in Montana regardless of the relationship between the offender and the victim.

Montana Domestic Violence Laws: Protections

The sad truth about protections against domestic violence is that they often don’t come into play until after a victim has suffered abuse. Still, they can be an effective means for victims to extract themselves from a toxic relationship and start a better life. Let’s see what Montana has to offer.

Orders of Protection

Orders of Protection are available for victims of certain crimes in Montana. In many cases, the offense doesn’t need to be domestic violence for a victim to obtain an order.

Victims who have suffered abuse or are afraid they’ll be abused begin the process of getting a Montana Order of Protection at a city, justice, or district court. If the victim and the abuser have a family law case in district court, the petition for the Order of Protection must be filed in a district court.

The victim (petitioner) files forms with the court, which are reviewed by a judge. The judge may speak with you for further details, but they won’t contact your abuser yet. If they feel the abuser poses a threat, a Temporary Ex Parte Order of Protection is issued, and a date for a hearing is set. Law enforcement officers will serve the abuser (respondent) with the order.

The hearing takes place within 20 days, assuming the abuser was served. If not, the hearing is delayed until they are served. The Temporary Order of Protection remains in effect until then. It’s tailored to each case and can include any or all of the following provisions for the respondent:

• Cannot commit acts of violence against the petitioner and any designated family members
• Cannot threaten to commit acts of violence or bodily harm against the petitioner and any designated family member
• Cannot harass, annoy, disturb the peace of, telephone, contact, or otherwise communicate with the petitioner or any named family member
• Cannot remove a child from the jurisdiction of the court
• Must stay 1,500 feet (or a different distance designated by the court) away from the petitioner, the petitioner’s residence, the school or place of employment of the petitioner, or any other specified place
• Must leave the residence of the petitioner and stay away, regardless of ownership of the residence
• Cannot possess or use any firearm used in the assault
• Cannot transfer, encumber, conceal, or otherwise dispose of any property except in the usual course of business
• Must transfer possession and use of the residence, an automobile, and other essential personal property to the petitioner
• Must complete violence counseling, which may include alcohol or chemical dependency counseling or treatment

The court may impose any additional condition it considers necessary for the petitioner’s safety. This includes keeping the new address of the petitioner from the respondent. It will consider any previous domestic violence offenses as well.

Temporary Orders of Protection are sent to the appropriate law enforcement jurisdictions in Montana. A copy is sent to the national domestic violence database at the Department of Justice.

At the hearing, both sides can present evidence and call witnesses. If the judge determines that the abuser remains a threat, a Final Order of Protection is issued. The duration is up to the court, which includes the option to make it permanent. The Final Order of Protection can have the same conditions as the temporary order. The petitioner can apply to modify or cancel the Final Order of Protection at any time.

It’s a good idea to keep a copy of any restraining order on you at all times. While the Violence Against Women Act (VAWA) guarantees your order is in effect anywhere in the United States under federal law, having a copy negates the need to look it up online.

For a deeper dive into the different types of restraining orders available in the state, FindLaw’s Montana Protective Orders Laws article has what you’re looking for.

The Address Confidentiality Program

A victim who flees their abuser doesn’t want to be found by them again. Montana helps make this possible through the Address Confidentiality Program. This creates a secondary address for victims that keeps their residences out of public records. Crime victim advocates can assist victims in applying.

Montana Domestic Violence Laws: Violations and Penalties

Both domestic violence crimes and violations of Orders of Protection earn the offender serious penalties in Montana. An abuser who is aware of an Order of Protection and violates it faces the following punishments:

First Offense:

• Up to six months in county jail
• A fine of up to $500

Second offense:

• Between one day and six months in county jail
• A fine between $200 and $500

Third or subsequent offense:

• Between 10 days and two years in county jail or state prison
• A fine between $500 and $2,000

The court can order mandatory intervention and other treatment programs. The offender also faces charges for any crimes committed during the violation and is required to pay restitution to the victim for expenses related to the violation.

The acts considered domestic violence often carry heavier penalties. For example, assault against a family member or partner by a family member or partner enhances the penalties involved:

First Offense:

• Between 24 hours and a year in county jail
• A fine between $100 and $1,000

Second Offense:

• Between 72 hours and a year in county jail
• A fine between $300 and $1,000

First and second offenses are eligible for misdemeanor probation.

Third or Subsequent Offense:

• Between 30 days and five years (less than a year in county jail, over a year in state prison)
• A fine between $500 and $50,000

A simple assault conviction that isn’t domestic violence is up to six months of jail and a fine of up to $500.

Montana Domestic Violence Laws: Summary

The table below offers a recap of what you’ve learned above along with links to important Montana domestic violence codes.

Montana Domestic Violence Laws: Additional Resources

• National Domestic Violence Hotline (800.799.7233)
• Domestic Violence Aid Organizations
• Montana Coalition Against Domestic & Sexual Violence
• Montana Family Law on Domestic Violence
• Recognizing the Warning Signs of Abuse (NDVH)
• Find a Domestic Violence Relief Program Near You

Domestic Violence Problems in Montana? Speak With an Attorney

Domestic violence is a blight on our society that we should never tolerate. Victims of domestic violence might not know the protections available. If you’re suffering sexual abuse, bodily harm, or any other type of domestic violence, call 911. After that, speak to a Montana family law attorney. They can ensure you have the necessary legal information.

If you’re facing domestic violence charges, you need to speak with a Montana criminal defense attorney as soon as possible. They can offer legal advice on your case, explain your options, and prepare you for court or any counseling assessment you’re facing.