MONTANA : Restraining Order & Order of Protection Information
TYPES OF PROTECTIVE ORDERS
BENEFITS
COSTS
VIOLATIONS
Montana law defines "domestic abuse" as the occurrence (actual or attempted) of one or more of the following acts between "family or household members":
You can ask the court for an Order of Protection against anyone who has:
You can ask the court for an Order of Protection against a "family member" or "partner" who has physically hurt you or you're afraid will hurt you.
"Family member" means: mothers, fathers, children, brothers, sisters, and other past or present family members of a household. These relationships include relationships created by adoption and remarriage, including stepchildren, stepparents, in-laws, and adoptive children and parents. These relationships continue regardless of the ages of the parties and whether the parties reside in the same household.
"Partner" means: spouses, former spouses, people who have a child in common, and people who have been or are currently in a dating or ongoing intimate relationship with a person of the opposite sex.
It does not matter how much time has passed between when the abuse happened and when you apply for an Order of Protection. If the abuser is in jail, you may ask for an order of protection upon his/her release.
You may be eligible for an Order of Protection whether or not you have reported the abuse to law enforcement, charged are filed, or you participate in a criminal prosecution.
It does not matter how old the abuser is and where s/he lives for purposes of getting an Order of Protection.
Adults can file for Orders of Protection on behalf of minors (people under 18). Minors also can file for Orders of Protection on their own, but the court may appoint adults to represent them if they do so.
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Temporary Order of Protection
This is a court order designed to provide you and your family members with immediate protection. It is effective for up to 20 days. The abuser does not get prior notice that you are requesting a Temporary Order of Protection from the court. However, the abuser will be served with a copy of the order after it is granted. This copy will generally also include a notice of court hearing for a more permanent order, as described below.
Written Order of Protection
This is a written court order to protect you and your family members from violent and/or harassing behavior by the abuser. A Written Order of Protection is sometimes also called a "Permanent Order of Protection". It may last for a specific period of time (for example, 3 months) or remain in effect permanently. A Written Order of Protection can be granted only after a full court hearing where the abuser has an opportunity to appear and tell his/her side of the story.
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An Order of Protection can make the abuser:
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It does not cost anything to apply for an Order of Protection.
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If you believe that your abuser has violated the Order of Protection, you should immediately call 911. If the police arrive and believe the abuser has violated the order, they must arrest him/her and put him/her in jail. Any Order of Protection contains the following warning:
"Violation of this order is a criminal offense under 45-5-220 or 45-5-626 and may carry penalties of up to $ 10,000 in fines and up to a 5-year jail sentence. This order is issued by the court, and the respondent is forbidden to do any act listed in the order, even if invited by the petitioner or another person. This order may be amended only by further order of this court or another court that assumes jurisdiction over this matter."
When the police arrive, it is a good idea to write down the name of the responding officer(s) and their badge number in case you want to follow up on your case. Make sure a police report is filled out, even if no arrest is made. If you have legal documentation of all violations of the order it will help you have the order extended or modified.
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