Montana Protection Orders – State Overview
General overview of Montana’s protective order process.
Montana Protection Order
Filing Process
To obtain a protection order in Montana, an individual must file a petition at the district court in the county where they reside or where the abuse occurred. The petitioner should provide detailed information about the abusive behavior and any relevant evidence. Montana courts offer forms and assistance to guide applicants through this process. After filing, the court may issue a temporary order pending a full hearing.
Temporary Protections
Upon reviewing the petition, the court may grant a temporary protection order immediately to provide urgent safety measures. These temporary orders can include prohibiting the abuser from contacting or approaching the protected person, excluding the abuser from the shared residence, and forbidding possession of firearms. These protections remain in effect until the court holds a full hearing to determine whether to issue a longer-term order.
Hearing Expectations
The court will schedule a hearing within a short timeframe to evaluate the evidence presented by both the petitioner and the respondent. During the hearing, both parties may present testimony and witnesses. The judge assesses whether abuse or threats occurred and decides on issuing a final protection order, which can last up to two years or longer depending on the circumstances. Legal representatives or advocates such as those available through DV Support can assist survivors throughout the hearing process.
Enforcement Notes
Protection orders issued by Montana courts are enforceable statewide and, in many cases, across state lines pursuant to the Violence Against Women Act (VAWA). If the abuser violates any provision of the order, law enforcement can arrest and charge them with contempt of court or other applicable offenses. It is crucial for survivors to keep a copy of the order with them at all times and promptly report any violations to authorities to ensure their ongoing safety.