How to Get an Order of Protection in Montana

A clear overview of how Montana survivors can request an Order of Protection after domestic violence.

Understanding Montana Orders of Protection (Plain Language Overview)

What an Order of Protection Is

An Order of Protection in Montana is a court order that can help limit contact from a person who has been harming, threatening, or seriously frightening another person. It is sometimes called a “restraining order,” but in Montana, the court form and process are usually called an “Order of Protection.”

This overview is for general information only and is not legal advice. Processes can change between Montana counties and courts.

Who May Ask for an Order of Protection

In Montana, someone can usually ask (petition) for an Order of Protection if they have experienced, or reasonably fear, physical harm, serious threats, or certain criminal behaviours from another person. Common relationships that may qualify include:

• Current or former intimate partners (for example, dating, common-law–style, or married relationships)
• Family or household members (for example, parent, child, sibling, in some situations)
• Co‑parents (sharing a child together, even if never lived together)
• In some cases, other people where there has been stalking, sexual violence, or serious harassment

Often, a parent or guardian may apply on behalf of a minor child when the child is the protected person.

Basic Steps to Ask for an Order

The process can vary slightly by court, but the general steps in Montana often include:

1. Filling Out Court Forms

• The person seeking protection (the “petitioner”) completes written forms asking the court for an Order of Protection.
• Forms usually ask for:
  • Names and contact information for the petitioner and the other person (the “respondent”)
  • Relationship between the parties
  • Recent incidents of harm, threats, stalking, or other concerning behaviour
  • What protections or limits the petitioner is asking for (for example, no contact, stay away from home or work, protection for children)
• Forms are generally filed in a local court, such as a Justice Court or District Court, depending on the situation and county.

2. Asking for a Temporary (Emergency) Order

• When the forms are filed, the petitioner can ask for a temporary Order of Protection, sometimes called a “temporary order” or “ex parte” order.
• “Ex parte” usually means the judge can make a short‑term order based only on what the petitioner files, without the respondent being present yet.
• The judge reviews the paperwork and, if the legal conditions appear to be met and there is immediate concern for safety, may issue a temporary order the same day or within a short time.
• If the judge decides not to issue a temporary order, there may still be a later hearing scheduled. The process for this can depend on local rules.

3. Serving the Respondent

• If a temporary order is granted, it must be formally “served” (delivered) to the respondent, usually by law enforcement or another authorized server, not by the petitioner.
• Service generally includes:
  • The petition (what the petitioner filed)
  • The temporary order, if granted
  • Notice of the date, time, and place of the final hearing
• The order does not fully take effect against the respondent until they are served, although the petitioner may still follow the order’s instructions for their own actions (for example, custody arrangements).

4. The Final (Full) Hearing

• The court usually schedules a hearing within a short period after the temporary order is issued.
• At the hearing:
  • Both the petitioner and the respondent have a chance to appear.
  • Each side may tell the judge their version of events and can bring documents, photographs, messages, or witnesses, if allowed by the court.
  • The judge may ask questions to better understand what has happened and what protections are needed.
• After hearing from both sides (or if one person does not attend but was properly served), the judge decides whether to:
  • Deny the order
  • Continue or change the temporary order
  • Issue a longer‑term (final) Order of Protection, and for how long

What Protections Can Be Requested

The exact protections a judge may grant depend on the situation and Montana law, but a petitioner often may request conditions such as:

• No contact: No phone calls, texts, messages, emails, social media contact, or in‑person contact.
• Stay‑away requirements: Ordering the respondent to stay a certain distance from the petitioner’s home, work, school, or other important locations.
• Limits related to shared home: Temporarily giving the petitioner exclusive use of a shared residence, or limiting when the respondent can collect belongings (often with law‑enforcement presence).
• Children’s safety arrangements: Temporary decisions about parenting time, exchanges, and restrictions on contact with children, if the court has authority in that area.
• Firearms and weapons restrictions: In some cases, orders may limit access to or possession of firearms and other weapons, depending on the law and the facts of the case.
• No harassment or stalking: Prohibiting following, surveillance, threats, and other intimidating behaviour.
• Other safety‑related conditions: The petitioner can describe specific safety concerns, such as needing protection at certain places or events.

General Timelines

Exact timelines can vary by Montana county, court workload, and the details of the situation. In general:

• Filing and temporary order: After forms are filed, a judge may review a request for a temporary order the same day or within a few days, especially in urgent situations.
• Service: How long service takes depends on how quickly law enforcement or the process server can locate the respondent. If the respondent is difficult to find, service can take longer.
• Final hearing date: Courts usually schedule a hearing within a short timeframe (often within a few weeks) after a temporary order is issued, but local practices vary.
• Length of a final order: A final Order of Protection may last for a set period (for example, months or years) or, in some circumstances, longer, depending on the judge’s decision. The order itself usually states when it ends or how renewal works.
• Renewal or extension: Before an order ends, a person may be able to ask the court to extend it. This often requires filing papers again and sometimes attending another hearing.

Safety and Practical Considerations

Many people think about safety before, during, and after asking for an Order of Protection, including:

• How the other person may react when served
• Who to inform about the order (for example, work, school, childcare, building security)
• Keeping a copy of the order in an accessible but safe place
• Saving messages or other records if the order is violated
• Digital safety, such as changing passwords and adjusting privacy settings

If the Order Is Violated

In Montana, violating an Order of Protection can be a criminal matter. If a respondent ignores the order’s rules, options might include:

• Contacting local law enforcement to report the violation
• Keeping records of what happened (dates, times, messages, witnesses)
• Letting the court or a legal service know about ongoing concerns, if available

How violations are handled may depend on local police practices, prosecutors, and courts. Responses may not always be immediate or predictable.

Finding Local Information

Because Montana laws and procedures are different from Canadian processes, and can change over time, it can be helpful to:

• Check the official website for the relevant Montana county or state courts for current forms and instructions
• Contact a local legal aid office, advocacy program, or community legal clinic in Montana for guidance
• Ask court staff general process questions (they typically cannot provide legal advice, but can explain forms and procedures)

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