Restraining Orders

There are three general categories of people who are eligible to get an order of protection in Montana.

1. Domestic violence victims

You can file for an order of protection against a partner or family member who committed domestic violence against you.¹ “Partner” means:

• your current or former spouse;
• someone you have a child in common with; or
• someone you have been or are currently in a dating or ongoing intimate relationship with.²

“Family member” means your:

• parent;
• child;
• sibling; or
• another past or present family member of your household.³

Family members can be people related to you through adoption or remarriage, including stepchildren, stepparents, in-laws, and adoptive children and parents.³

2. Crime victims

If you were the victim of one of the following crimes, you can file for an order of protection regardless of your relationship to the offender:

• assault;
• aggravated assault;
• assault on a minor;
• stalking;
• incest;
• sexual assault; or
• sexual intercourse without consent.⁴

You can also file for an order if your partner or family member was the victim of deliberate homicide or mitigated deliberate homicide.⁵

3. Minors

A parent or guardian may be able to file for an order on behalf of a child under age 16, even if no domestic violence or crime was committed.⁶ For more information, see Can a minor get an order of protection?

Note: If an adult victim has a guardian, conservator, or agent appointed by the court due to being incapacitated or protected, they can file on the adult victim’s behalf.⁷

¹ Mont. Code § 40-15-102(1)
² Mont. Code § 45-5-206(2)(b)
³ Mont. Code § 45-5-206(2)(a)
⁴ Mont. Code § 40-15-102(2)(a)
⁵ Mont. Code § 40-15-102(2)​(b)
⁶ Mont. Code § 45-5-622(5)
⁷ Mont. Code § 40-15-102(4)