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.
Montana Orders of Protection
An order of protection is a legal document designed to help people who feel threatened or harmed by someone else. In Montana, these orders are available to individuals seeking protection from abuse, threats, stalking, or harassment.
Who Can Seek an Order of Protection
Anyone who experiences abuse or feels unsafe due to the actions of another person may apply for an order of protection. This includes current or former intimate partners, family members, or household members.
How to File for an Order
The process usually starts by going to a local courthouse or family court office to fill out a petition. This petition explains why protection is needed. When filing, you can ask the court for a temporary order that takes effect quickly to provide immediate safety.
Temporary Orders and Service
A temporary order provides protection until a full court hearing. After the order is granted, the other person must be formally notified through a process called service. This means a court officer or other official delivers the order to them.
Final Hearing
The court schedules a hearing to review the request for a longer-term order of protection. Both parties can present information at this hearing, and the judge decides whether to issue the final order and what terms it will include.
Relief Included in Orders of Protection
These orders can include various protections, such as:
- Keeping the person away from your home, workplace, or school
- Stopping contact through calls, messages, or visits
- Temporary custody or visitation arrangements for children
- Other specific terms the court may consider appropriate
Timelines to Expect
Temporary orders usually come into effect quickly, sometimes the same day you file. The final hearing is generally scheduled within a few weeks to allow both sides to prepare. The length of the final order can vary, often lasting several months to a year, with possibilities for extension.
Additional support options can be found through resources listed at DV.Support.