Montana Protective Orders Laws

There are times when we all need help. Victims of domestic violence and other crimes in Montana can find relief through orders of protection. These civil court orders use provisions to keep abusers away from victims. They can also affect temporary child custody, transfer of personal property, and much more.

Understanding how Montana orders of protection work can be challenging. This guide will show you who’s eligible to get one, explain what the orders can and can’t do, and walk you through the process of getting the one you need. If you’d like more information on domestic violence, FindLaw’s article on the topic is a great resource.

Montana Protective Orders Laws: Types of Orders Available

Which order of protection you need depends on the people involved and the crimes committed. Let’s take a look at each order available in Montana to determine the right one for your situation.

Domestic Violence Order of Protection

Domestic violence classification requires the meeting of two conditions. People in certain close and personal relationships must have certain abusive offenses occur between them. Let’s examine each required element.

Montana refers to the people eligible for domestic violence crimes as partners and family members. This group includes the following:

Family Members:

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

Partners:

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

Although we placed them in separate groups for ease of sorting, there’s no difference between them under Montana law. Anybody in one of the relationships above can qualify.

Meeting the personnel requirement isn’t enough. Domestic violence offenses must fall under one of the following crimes or categories for eligibility:

• Causing an intentional bodily injury to a family member or partner (assault, aggravated assault, assault on a minor)
• Causing a bodily injury to a family member or partner with a weapon (assault with a weapon)
• Intending for a family member or partner to live in reasonable apprehension of bodily injury
• Intimidation
• Criminal endangerment/Negligent endangerment
• Strangulation of a partner or family member
• Unlawful restraint
• Kidnapping/Aggravated kidnapping
• Arson
• Stalking (harassing)

If one or more of the offenses above occur between partners and family members, it’s domestic violence in Montana. This makes the victim eligible for a Montana domestic violence order of protection.

Orders of Protection for Victims of Crime

The state of Montana understands that all victims of violent and abusive crimes need protection. You don’t need to suffer from domestic violence to get relief. Victims of any of the following offenses are eligible for an order of protection in Montana, regardless of their relationship with the abuser:

• Assault
• Aggravated assault
• Assault on a minor
• Stalking
• Incest
• Sexual assault
• Human trafficking
• Sexual intercourse without consent
• Sexual abuse of children
• The family member of a victim of deliberate homicide or mitigated deliberate homicide

Victims who are family members or partners with their abuser can file for this order if the crime isn’t part of the domestic violence listing. Parents and guardians can file on behalf of a minor. Guardians can file for an adult incapable of doing so themselves.

Montana Protective Orders Laws: Getting an Order

The process for obtaining an order of protection in Montana is the same for both types of orders. First and foremost, if you’re suffering abuse or in imminent danger of abuse, call 911. Law enforcement receives specialized training for domestic abuse calls. If possible, consult a domestic violence advocate or a crime victim advocate for help with your filing. These experts are a tremendous resource.

If you believe your abuser is a present danger, you can file for a temporary order of protection. Forms are available online or at the court clerk’s office. You can file in either city court, justice court, or district court. If you have a related case, like divorce proceedings, happening at the same time, you must file in district court. There is no charge for filing for a protective order in Montana.

When filling out the petition, provide as many details as possible. The court clerk takes the petition to a judge. They may have additional questions for you (petitioner). If they agree that the respondent (abuser) is an ongoing threat, a temporary order of protection is issued. Whether or not the temporary order is granted, a date for an order of protection hearing is scheduled.

Orders of protection utilize provisions tailored to the specific needs of each case. While no-contact orders and stay-away orders are common, an order can contain anything the court considers necessary for the victim’s safety. Other common inclusions are:

• The respondent (abuser) cannot commit acts of violence against the petitioner (victim) and any designated family members
• The respondent cannot threaten to commit acts of violence or bodily harm against the petitioner and any designated family member
• The respondent cannot harass, annoy, disturb the peace of, telephone, contact, or otherwise communicate with the petitioner or any named family member
• Neither party can remove a child from the jurisdiction of the court unless given permission
• The respondent must stay a court-specified distance away from the petitioner, the petitioner’s residence, the school or place of employment of the petitioner, or any other specified place
• The respondent must vacate the residence of the petitioner and stay away, regardless of ownership of the residence
• The respondent cannot possess or use any firearm used in the assault
• The respondent cannot transfer, encumber, conceal, or otherwise dispose of any property except in the usual course of business
• The respondent must transfer possession and use of the residence, an automobile, and other essential personal property to the petitioner
• The respondent must complete violence counseling, which may include alcohol or chemical dependency counseling or treatment
• If abuse of a minor is involved, the court can limit or deny the respondent from custody, visitation, and parenting plans

Some, none, or all of these conditions may appear in an order. It depends on the situation. A temporary order of protection lasts for up to 20 days or until the final court hearing. It’s enforceable after law enforcement serves the respondent with a copy of the order. The respondent can request a court date within three days after being served.

At the court hearing for the final order, the victim and the respondent can present their side of the story, argue their case, call witnesses, and offer evidence. If the court determines that the respondent poses an ongoing threat, a permanent order of protection will be issued. Unless otherwise noted by the court, a permanent order has no expiration date.

Orders of protection issued in Montana are good anywhere in the U.S. under federal law. This includes tribal reservations and territories. Most states offer reciprocity as well. Montana can provide a Hope Card to facilitate the sharing of information about your order of protection.

Montana Protective Orders Laws: Violating an Order

Violating a Montana order of protection can mean jail time. This applies even for a first offense. Orders of protection carry their own penalties that are added to any sentences for the crimes committed during the violation. These sanctions are:

First violation:

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

Second offense:

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

Third or subsequent offense:

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

Partner or family member assault crimes carry penalties of up to five years in jail and fines of up to $50,000. If you’re charged with partner or family member offenses in Montana, it’s time to talk to a criminal defense attorney.

Montana Protective Orders Laws: Reference

Keeping track of the details associated with Montana orders of protection is tricky. To help, the table below recaps important information and offers links to important codes.

Note: Montana laws can change through the passage of new legislation, rulings in the higher courts that include federal decisions, ballot initiatives, and other means. Please consult with a Montana domestic violence attorney or conduct research to verify current Montana state law.

Montana Protective Orders Laws: Additional Resources

• National Domestic Violence Hotline (800.799.7233)
• Montana Coalition Against Domestic & Sexual Violence
• Overview of Protective Orders and Restraining Orders
• Montana Domestic Violence Laws

Issues With Protective Orders in Montana? Talk to an Attorney

If you’re in immediate danger of harm, call 911. When you’re ready to put your abuser behind you, speaking with a Montana attorney who specializes in domestic violence law is a good idea. Their legal services can help you find a new life.

Domestic violence crimes are serious. If you’re facing charges for family member or partner offenses, a Montana criminal defense attorney can help in a number of ways.