Montana Family Law on Domestic Violence

Domestic issues, by definition, are centered around home and family relations. It should come as no surprise that domestic violence involves family members and partners. These crimes can destroy families and force victims to live in fear of abuse. Montana family law addresses these acts of domestic abuse to protect victims and punish abusers.

Laws dealing with domestic violence are complex, with legalese that isn’t easy to parse. To help, we’ve provided answers to questions often asked about domestic violence in Montana. By gaining an understanding of how Montana family law works, you’ll be better equipped to deal with domestic violence.

What is domestic violence?

The question seems simple, but the answer is anything but. For many, their perception of domestic violence involves the bruises and black eyes associated with battered woman syndrome. While that is a form that domestic violence takes, it’s not limited to physical abuse.

Acts of domestic violence focus on power and control. Abusers use different types of abuse to keep their victims trapped in a cycle of fear, intimidation, coercion, and violence. Only certain crimes qualify to be considered domestic violence.

People involved in specific relationships are also required for an offense to be classified as domestic violence. Since these crimes often involve family or other trusted individuals, they hit close to home.

What criminal acts are eligible to be considered domestic violence in Montana?

An offense is considered domestic violence or a family crime when an abuser:

• Causes, with intent, a bodily injury to a family member or partner
• Causes a family member or partner to live in fear of bodily injury on purpose
• Causes a bodily injury to a family member or partner with a weapon

There are specific crimes under Montana family law that are considered eligible for domestic violence classification. Some carry enhanced penalties if committed as an act of domestic abuse. These offenses include:

• Arson
• 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

Sexual assault crimes fall under the assault classification. There are also non-domestic violence Orders of Protection available for victims of stalking, sexual assault, and other types of assault committed by those who aren’t family members or partners.

Who is considered a family member or a partner under Montana family law?

For domestic violence to occur, the type of offense is only part of the equation. The individuals involved must share one of a specific group of relationships as defined by Montana family law. The participants must be one of the following for a domestic violence label:

Family Members:

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

Partners:

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

If two people who share one of these relationships have a qualifying criminal act between them, Montana family law will consider it domestic violence. Crimes that lack either element are still available for prosecution, but not as domestic abuse. Offenses deemed domestic violence offer focused types of protection and increased severity of penalties.

My partner is scaring me, and I’m afraid they’re going to get violent. What can I do?

If you’re in fear of bodily harm, sexual assault, unlawful restraint, or any other threatening act, call 911. If abuse has already happened and you’re afraid it’s going to happen again, call 911. Montana peace officers receive special training for responding to possible domestic violence calls.

Peace officers will identify the predominant aggressor of the situation and have the option to arrest them. They’ll take into account factors such as previous history, severity of injuries, and witness statements. If the predominant aggressor is violating an Order of Protection, the peace officer can serve them with a no-contact order on the spot.

Whether or not your abuser gets arrested, it’s time for you to look into protection. Montana family law has you covered.

I told my abuser not to come back, but I’m sure they will. Is there any way I can stop them?

Short of your abuser being incarcerated, the best option for keeping them away from you is a Montana domestic violence Order of Protection. While they’re not a guarantee that your abuser won’t try to harm you, the penalties they carry can act as a strong deterrent.

Orders of Protection are court orders containing conditions that the abuser must obey. Each case is different, but certain conditions are common inclusions:

• 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 of 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
• 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

Those who violate an Order of Protection, either by an act or omission of a requirement, face penalties under Montana family law. The punishments increase for repeated transgressions:

First Offense:

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

Second offense:

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

First and second offenses are eligible for misdemeanor probation.

Third or subsequent offense:

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

The offender is also responsible for any crimes committed during the violation. Some offenses, such as stalking, carry far more severe penalties than for a non-domestic violence act.

Okay, so how do I get an Order of Protection? Do I have to go to court? How long does it last?

Getting an Order of Protection in Montana isn’t too complicated. While there’s a good deal of self-help available, the state suggests that you enlist the help of a victim advocate to make sure everything is done right. If you’ve been abused or are in fear of abuse, your first step is going to either a city court, justice court, or a district court. If you have divorce or child custody proceedings happening in district court, that’s where you need to go.

A clerk will help you (the petitioner) start the paperwork. Once you’ve filled in all the forms, a judge will review the petition and decide whether or not to issue a Temporary Order of Protection. They may ask you additional questions to tailor the order to your situation. A temporary order is ex parte, which means they don’t need to speak to the abuser (the respondent) before issuing it.

Once issued, a peace officer will serve the order to the respondent. The temporary order lasts either 20 days or until the case hearing. If the respondent was served and wishes to contest the order, both sides will give their arguments, present evidence, and call witnesses at the hearing. The judge then decides if the order should become a Final Order of Protection.

The duration of a Final Order of Protection can be for a set amount of time or be made permanent. The petitioner can file for an amendment or an extension while the order is in effect. Copies will be sent to law enforcement and the Department of Justice (DOJ).

Keep a copy of your Order of Protection with you at all times. It stays in effect if you move within the state. It’s also protected under federal law by the Violence Against Women Act (VAWA), which ensures its validity nationwide. If you want to know more about available restraining orders, read FindLaw’s Montana Protective Orders Laws article.

My abuser was so toxic that I had to move. Is there any way to make it harder to find me?

Your new residential address is protected under Montana‘s Address Confidentiality Program. Victims are given a second legal address that’s used for public records. All first-class mail is forwarded to the victim’s actual address. There is no charge for this program.

Will my abuser being charged with domestic violence help with our divorce and child custody?

It’s almost a certainty that a domestic abuse charge will weigh in on any divorce or child custody proceedings. Given that “serious marital discord” is considered grounds for divorce under Montana family law, domestic violence charges will fall under the judge’s consideration.

When it comes to custody, the court is concerned with the best interests of the child. Any Order of Protection that specifies the possibility of child abuse and limits parental contact with the abuser will affect the final decision on any parenting plans. This can limit the accessibility of any children to the abuser.

Montana Family Law on Domestic Violence: Recap

The table below offers a summary of the information above along with handy links to important Montana family law codes about domestic violence.

Montana Family Law on Domestic Violence: Additional Research and Services

• Montana Coalition Against Domestic & Sexual Violence
• National Domestic Violence Hotline (800.799.7233)
• Find a Domestic Violence Service Program
• Montana Domestic Violence Laws
• Domestic Violence Aid Organizations

Encountering Domestic Violence in Montana? Speak With an Attorney

Crime victims of domestic violence in Montana need to know how to escape their abusers. If you’re suffering physical abuse, sexual abuse, or any other type of domestic abuse, contacting a Montana family law attorney might be the best decision you ever make. They can alert you to protections, offer their legal services, and help you to a better life.

If you’re facing domestic violence crime charges, you need to speak with a Montana criminal defense lawyer. They can give you legal advice, explain your defense options, and represent you in court.