Understanding Montana Orders of Protection

An order of protection in Montana is a legal tool designed to keep someone safe from harm, harassment, or threats from another person. It is most commonly used by survivors of domestic violence, but others facing stalking or abuse may also seek one.

Who Can Request an Order of Protection?

Anyone who feels threatened or harmed by a family or household member, intimate partner, or someone they have a close relationship with may seek an order of protection. This includes spouses, former spouses, dating partners, relatives, and people who share a child together.

How to File for an Order of Protection

1. Filing the Request: You begin by filling out paperwork at your local courthouse. This paperwork explains why you need protection.
2. Temporary Orders: If the judge believes you may be in immediate danger, they can issue a temporary order to provide short-term safety.
3. Serving the Papers: The person you’re seeking protection from must be officially notified by the court, a process called service of process.
4. Final Hearing: A court hearing is scheduled where both sides can share their side. After this, the judge decides whether to issue a final, longer-lasting order.

Types of Relief You Can Request

• Stopping the abuser from contacting or coming near you.
• Ordering the abuser to move out of a shared home.
• Preventing the abuser from harassing or threatening you.
• Arranging custody or visitation related to your children to keep them safe.

Typical Timelines

Temporary orders can be granted quickly, often the same day or within a few days after filing, to provide immediate safety. The final hearing may happen within a few weeks to a couple of months, depending on court scheduling and notification requirements.

Seeking help through the courts can feel overwhelming, but you don’t have to face it alone. Resources like dv.support provide guidance and support to help you understand your options and navigate the process safely.