How to Get a Restraining Order in Montana
In Montana these are called Temporary Order of Protection and Order of Protection (for partner and family member assault, sexual assault, and stalking). A protective order is a court order that tells someone to stop abusing, threatening, stalking or contacting you. Here is how to ask for one, what happens next, and where to get free help — each rule linked to the statute or official court page.
Quick answers for Montana
- Cost
- Free. There is no cost to file a petition or to serve an order of protection, inside or outside the issuing court's area. MCA 40-15-204(8)
- Emergency / temporary orders
- If the court finds you are in danger of harm if it does not act immediately, it issues a Temporary Order of Protection based on your sworn petition, without prior notice to the respondent. MCA 40-15-201(2), (4); MCA 40-15-202(1)
- How long an order lasts
- The court sets an appropriate time period, or may make the order permanent based on the respondent's history of violence, the severity of the offense, and the evidence. MCA 40-15-204(1), (4), (5)
- Where to ask
- District, justice's, municipal, or city court in the county where you live (even temporarily), where the respondent lives, or where the abuse happened. MCA 40-15-301
Last verified: 2026-10-25
Safety first
- If you are in immediate danger, call 911.
- You can talk to a trained advocate any time, for free and confidentially, through the National Domestic Violence Hotline.
- Advocates can help you make a safety plan and fill out the court forms. Many courts have advocates on site.
- Keep copies of the order with you. Give copies to people who need to know, such as your workplace or your child's school.
Getting an order
| Types of orders | Orders of protection for victims of partner or family member assault, and for victims of stalking, sexual assault, assault, incest, sexual abuse of children, or human trafficking regardless of relationship. A Temporary Order of Protection can be issued right away, followed by an Order of Protection after a hearing, which may be made permanent. |
|---|---|
| Who can ask for an order | Someone in reasonable fear of bodily injury from, or a victim of certain crimes (such as assault, strangulation, unlawful restraint, kidnapping, arson) by, a partner or family member. 'Partners' are spouses or former spouses, people with a child in common, and current or past dating or intimate partners; 'family members' include parents, children, siblings, step- and in-law relatives, and other past or present household family members. Victims of assault, stalking, sexual assault, incest, sexual abuse of children, or human trafficking can file against anyone. You do not have to report to police or press charges. Source: MCA 40-15-102; MCA 45-5-206 |
| Where to ask | District, justice's, municipal, or city court in the county where you live (even temporarily), where the respondent lives, or where the abuse happened. There is no minimum residency, and leaving home to avoid abuse does not affect your right to file. If a divorce or parenting case is pending in district court, file there unless the judge is unavailable or you left the county to escape abuse. Many justice courts have their own petition forms; check with your local courthouse. Source: MCA 40-15-301 |
| Cost | Free. There is no cost to file a petition or to serve an order of protection, inside or outside the issuing court's area. Source: MCA 40-15-204(8) |
Emergency orders and the hearing
| Emergency / temporary orders | If the court finds you are in danger of harm if it does not act immediately, it issues a Temporary Order of Protection based on your sworn petition, without prior notice to the respondent. It can last up to 20 days, and stays in effect if the hearing is continued. |
|---|---|
| Serving the order | Service is free. The forms packet includes a Law Enforcement Service Information form so law enforcement can locate and serve the respondent. Amendments take effect only after they are served. |
| The court hearing | A hearing must be held within 20 days after the temporary order is issued, where the court decides whether to continue, amend, or make the order permanent. Either party can ask for a continuance for good cause. The respondent may ask for an emergency hearing, set within 3 working days. Evidence about the victim's sexual conduct is generally not allowed. Source: MCA 40-15-202 |
| How long an order lasts | The court sets an appropriate time period, or may make the order permanent based on the respondent's history of violence, the severity of the offense, and the evidence. Protection for a minor family member can be permanent if the child was a victim of or witness to abuse. The order ends early if the petitioner asks for dismissal; a form exists to renew or modify an order. Source: MCA 40-15-204(1), (4), (5) |
What the order does
| What an order can require | Prohibit violence, threats, harassment and any direct or indirect contact with you, family members or witnesses; order the respondent to stay 1,500 feet (or another distance) from you, your home, school, work and other places; remove the respondent from your home regardless of ownership; bar removing a child from the court's jurisdiction; bar disposing of property; give you the home, a car and essential personal property with a police escort; order violence counseling; and other relief needed for safety. |
|---|---|
| Firearms | The order can prohibit the respondent from possessing or using the firearm used in the assault. Montana's protective order statute does not otherwise require surrender of all firearms. Source: MCA 40-15-201(2)(f) |
| If the order is violated | Knowingly violating an order is a crime: first offense up to $500 and/or up to 6 months in county jail; second offense $200-$500 and 24 hours to 6 months in jail; third or later offense $500-$2,000 and 10 days to 2 years. Only the respondent can be cited, not the petitioner. Some violations may also be charged as stalking. Source: MCA 45-5-626 |
Children and privacy
| Minors and children | A parent, guardian ad litem, or other representative may file on behalf of a minor against the minor's abuser; the court may appoint a guardian ad litem. An order is effective against a respondent of any age (a guardian is appointed for a minor respondent when required). Source: MCA 40-15-102(3), (5) |
|---|---|
| Keeping your address private | Montana law creates an address confidentiality program, run by the state Department of Justice, that gives victims of partner or family member assault, sexual assault or stalking (and others eligible for a protective order) a substitute address for official purposes and forwards their mail and legal papers. If you have fled the shared home, your new address is withheld in the protective order case unless the court orders otherwise. |
Forms and help in Montana
- Montana courts: protective order help
- Official Montana protective order forms
- Montana Coalition Against Domestic & Sexual Violence (victim services by region, as listed by the Montana Judicial Branch)
- Free legal aid in Montana
Montana protective order FAQ
What kinds of protective orders are available in Montana?
Orders of protection for victims of partner or family member assault, and for victims of stalking, sexual assault, assault, incest, sexual abuse of children, or human trafficking regardless of relationship. A Temporary Order of Protection can be issued right away, followed by an Order of Protection after a hearing, which may be made permanent.
Who can get a restraining order in Montana?
Someone in reasonable fear of bodily injury from, or a victim of certain crimes (such as assault, strangulation, unlawful restraint, kidnapping, arson) by, a partner or family member. 'Partners' are spouses or former spouses, people with a child in common, and current or past dating or intimate partners; 'family members' include parents, children, siblings, step- and in-law relatives, and other past or present household family members. Victims of assault, stalking, sexual assault, incest, sexual abuse of children, or human trafficking can file against anyone. You do not have to report to police or press charges.
Where do I file for a restraining order in Montana?
District, justice's, municipal, or city court in the county where you live (even temporarily), where the respondent lives, or where the abuse happened. There is no minimum residency, and leaving home to avoid abuse does not affect your right to file. If a divorce or parenting case is pending in district court, file there unless the judge is unavailable or you left the county to escape abuse. Many justice courts have their own petition forms; check with your local courthouse.
Does it cost money to get a restraining order in Montana?
Free. There is no cost to file a petition or to serve an order of protection, inside or outside the issuing court's area.
How fast can I get an emergency protective order in Montana?
If the court finds you are in danger of harm if it does not act immediately, it issues a Temporary Order of Protection based on your sworn petition, without prior notice to the respondent. It can last up to 20 days, and stays in effect if the hearing is continued.
What happens at the restraining order hearing in Montana?
A hearing must be held within 20 days after the temporary order is issued, where the court decides whether to continue, amend, or make the order permanent. Either party can ask for a continuance for good cause. The respondent may ask for an emergency hearing, set within 3 working days. Evidence about the victim's sexual conduct is generally not allowed.
How long does a restraining order last in Montana?
The court sets an appropriate time period, or may make the order permanent based on the respondent's history of violence, the severity of the offense, and the evidence. Protection for a minor family member can be permanent if the child was a victim of or witness to abuse. The order ends early if the petitioner asks for dismissal; a form exists to renew or modify an order.
What can a protective order do in Montana?
Prohibit violence, threats, harassment and any direct or indirect contact with you, family members or witnesses; order the respondent to stay 1,500 feet (or another distance) from you, your home, school, work and other places; remove the respondent from your home regardless of ownership; bar removing a child from the court's jurisdiction; bar disposing of property; give you the home, a car and essential personal property with a police escort; order violence counseling; and other relief needed for safety.
Does a protective order affect firearms in Montana?
The order can prohibit the respondent from possessing or using the firearm used in the assault. Montana's protective order statute does not otherwise require surrender of all firearms.
How is a restraining order served in Montana?
Service is free. The forms packet includes a Law Enforcement Service Information form so law enforcement can locate and serve the respondent. Amendments take effect only after they are served.
What happens if someone violates a protective order in Montana?
Knowingly violating an order is a crime: first offense up to $500 and/or up to 6 months in county jail; second offense $200-$500 and 24 hours to 6 months in jail; third or later offense $500-$2,000 and 10 days to 2 years. Only the respondent can be cited, not the petitioner. Some violations may also be charged as stalking.
Can a minor get a restraining order in Montana?
A parent, guardian ad litem, or other representative may file on behalf of a minor against the minor's abuser; the court may appoint a guardian ad litem. An order is effective against a respondent of any age (a guardian is appointed for a minor respondent when required).
Can I keep my address confidential in Montana?
Montana law creates an address confidentiality program, run by the state Department of Justice, that gives victims of partner or family member assault, sexual assault or stalking (and others eligible for a protective order) a substitute address for official purposes and forwards their mail and legal papers. If you have fled the shared home, your new address is withheld in the protective order case unless the court orders otherwise.
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.