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All Laws Decoded

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

Getting an order

Types of ordersOrders 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 orderSomeone 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 to askDistrict, 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.
CostFree. There is no cost to file a petition or to serve an order of protection, inside or outside the issuing court's area.

Emergency orders and the hearing

Emergency / temporary ordersIf 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 orderService 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 hearingA 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 an order lastsThe 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 the order does

What an order can requireProhibit 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.
FirearmsThe 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.
If the order is violatedKnowingly 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 childrenA 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).
Keeping your address privateMontana 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 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.

Protective orders in other states

More Montana law

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.