Know the Laws: Montana
UPDATED May 25, 2012
A an order of protection is a civil order that protects you from someone who is harming you or has threatened to harm you.
- Basic information
- Who can get an order of protection
- Steps for obtaining an order of protection
- After the hearing
Who can get an order of protection
back to topWho can get an order of protection?
You can ask the court for an order of protection against anyone who has:
- assaulted you,
- stalked you,
- raped you,
- sexually assaulted you,
- committed incest with you, or
- murdered your partner or family member.*1
You can ask the court for an order of protection against a "family member" or "partner" who has committed any of the following offenses against you:
- assault
- aggravated assault
- intimidation
- partner or family member assault
- criminal endangerment
- negligent endangerment
- assault on a minor
- assault with a weapon
- unlawful restraint
- kidnapping
- aggravated kidnapping
- arson*2
Note: "Family member" means: mothers, fathers, children, brothers, sisters, and other past or present family members of a household whether these relationships are biological, or through adoption or remarriage.
Note: "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.*3
Also, 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.*2
*1 Mont. Code Ann. §40-15-102(2)
*2 Mont. Code Ann. § 40-15-102(1)
*3 Mont. Code Ann. § 45-5-206
back to topCan I get an order of protection against a same sex partner?
No. According to Montana law, only heterosexual partners qualify for orders of protection. The law says a person can only get an order of protection against:
- A “partner”, which is defined as “spouses, former spouses, persons who have a child in common, and persons who have been or are currently in a dating or ongoing intimate relationship with a person of the opposite sex;”* OR,
- A “family member”, which is defined as “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.”**
- assaulted you,
- stalked you,
- raped you,
- sexually assaulted you,
- committed incest with you, or
- murdered your partner or family member.***
* Mont. Code Ann. § 45-5-206(2)(b)
** Mont. Code Ann. § 45-5-206(2)(a)
*** Mont. Code Ann. §40-15-102(2)
back to topAm I eligible if I am a minor?
If you are a minor (under 18), a parent, guardian ad litem or other representative may file for an order of protection on your behalf.*
An order of protection is effective against the abuser regardless of the abuser's age.**
* Mont. Code Ann. §§ 41-1-101, 40-15-102(3)
** Mont. Code Ann. § 40-15-102(4)
back to topHow much does it cost to get an order of protection?
It does not cost anything to apply for an order of protection.
back to topDo I need an attorney to obtain an order of protection?
No, but it is always better to have one if you can. If your abuser has an attorney you should try to get one also.
In many places, local domestic violence or sexual assault victim programs can help you file for an order of protection. You will find a list of agencies that might be able to help you at the MT State and Local Programs page under the Where to Find Help tab on the top of this page. You will find contact information for courthouses and clerks at the MT Courthouse Locations page.
Free legal assistance is sometimes available in Montana for low-income people who petition for orders of protection. For help in finding free legal assistance in your area, please visit MT Finding a Lawyer page under the Where to Find Help tab on the top of this page.