Domestic Violence & Police Response in Montana
General expectations when Montana police respond to domestic violence reports.
What Happens After Police Are Called for Relationship Abuse
When Police Arrive and Do Safety Checks
When someone calls police about violence or threats in a relationship, officers usually start with a basic safety check. This is often called a “wellness check” or “safety check.” Their first job is to look for immediate danger.
Depending on the situation and local practice, police may:
- Ask where the people involved are and check everyone’s physical safety
- Separate people to speak privately with each person
- Look for visible injuries or signs of damage in the home
- Ask if anyone needs urgent medical care or wants an ambulance
- Ask if there are weapons present (for example, firearms, knives)
- Ask if there are children, elders, or others who may be at risk
- Ask what has happened recently and whether there have been past incidents
Police may stay for a period of time to help calm the situation, gather basic information, and decide what steps to take next based on what they see and hear.
If it feels safer, it is okay to ask to speak to police away from the other person, or to write down information if speaking out loud feels risky.
When an Arrest May Happen
Across Canada, there are “zero tolerance” style policies around intimate partner violence, but how they are applied can differ by province or territory.
Police may decide to arrest someone if, based on what they see and what people tell them, they believe:
- A criminal offence has likely been committed (for example, assault, threats, harassment, or property damage)
- There is an ongoing or serious risk of harm or intimidation
- Ignoring the incident could increase the danger
Sometimes police arrest a person even if the survivor does not want this, especially where the risk appears high or the law or local policy expects them to act.
In some situations, police may arrest more than one person if they believe more than one person has committed an offence. If this happens, it can be helpful to clearly describe any fear, injuries, or past incidents you remember, as you are able.
After an Arrest: From Police Report to Prosecutor
After an arrest, there is usually a series of steps involving the police and the prosecution service. Names for offices and roles differ by province or territory, but the general flow is similar:
- Police report and charge recommendation: Police prepare notes, statements, and any evidence they collected (photos, recordings, medical information, or witness details). They may recommend criminal charges based on this information.
- Prosecutor review: A Crown prosecutor (sometimes called Crown counsel) reviews the police file. They decide whether to approve charges, change them, or decline them based on available evidence and public-interest considerations.
- First court appearance for the accused: The arrested person (now the “accused”) will usually have a first appearance in criminal court soon after being held in custody or released on conditions.
- Contact with the survivor or affected person: In many areas, a victim services worker or a Crown office may reach out to provide information about the process, possible conditions, and ways to give input about safety. This contact can take time and does not always happen automatically.
Decisions about charges belong to the Crown prosecutor, not to the survivor. Sharing your safety concerns, when it feels safe to do so, can still help them understand risks that may not be obvious from the paperwork.
Protective Release Conditions
When a person is arrested, they are not always kept in custody until trial. They may be released by police or by a judge on conditions aimed at managing risk. Names for these release documents can differ, but common examples are:
- Undertaking given to a police officer
- Recognizance, bail order, or release order from a court
Protective release conditions can include things like:
- No contact with a specific person, directly or indirectly (for example, no texts, emails, or messages through others)
- No attending at a home, workplace, school, or other specified locations
- Not possessing weapons or firearms, and sometimes turning in firearms and licences
- Restrictions on alcohol or drug use in certain circumstances
- Reporting to a bail supervisor or police station on a schedule
If the accused person breaches a release condition, police may be able to arrest them again and new criminal charges may be considered.
Release conditions are not the same as long-term family court orders. They usually last while the criminal case is active, and they may be changed by a court on request. If you feel a condition does not reflect current safety needs, you can share that with victim services or the Crown office if you are in contact with them.
How Criminal Release Conditions Relate to Protection Orders
In addition to criminal release conditions, some people consider asking a civil court for a protection order (sometimes called a restraining order, emergency protection order, or other similar wording depending on the province or territory). These are separate from the criminal case and have different processes and timeframes.
If both a criminal release order and a civil protection order exist at the same time, they should be read together. When there is a conflict, local practice often treats the stricter condition as the one to follow, but the law can vary by region.
If you are unsure about how different orders fit together, a legal clinic or duty counsel in your area may be able to explain how local courts usually handle these situations. This information is general and not legal advice.
Learning More About Protection Orders
Different parts of Canada use different names and processes for relationship safety orders. To learn more about how these work and possible options, you can read the overview in Understanding Protection Orders in Canada.
Some people also find it helpful to look at broader support options. Additional supports across Canada, including information lines and services that know about local processes, are listed at DV.Support.