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)

A parent, guardian ad litem, or other representative can file for an order of protection on behalf of a minor child.¹

In addition, a parent, guardian, or other person supervising the welfare of a child who is under 16 can ask an adult to stop contacting the child. The request can be verbal or written. They can only make this request if:

• the adult has no legal right of supervision or control over the child; and
• they believe that the contact is not in the child’s best interests.²

If this person doesn’t stop contacting the child, the adult with legal authority over the child can file a petition for an order of protection on behalf of the child. They can also ask the county attorney to petition for the order of protection instead. There does not have to be any domestic violence or other crime committed for this to be an option.²

An order of protection is effective against the abuser regardless of the abuser’s age.³

¹ Mont. Code §§ 41-1-101; 40-15-102(3)
² Mont. Code § 45-5-622(5)
³ Mont. Code § 40-15-102(5)

You do not need an attorney to get an order of protection but it is generally helpful to have an attorney who is knowledgeable about domestic violence with you in court if you can. If the abuser has an attorney, it is especially important to also try to get legal representation.

In many places, local domestic violence or sexual assault programs can help you file for an order of protection but an advocate cannot represent you at a hearing, only an attorney can. You will find a list of agencies that might be able to provide an advocate at our MT Advocates and Shelters page. You will find contact information for courthouses at our MT Courthouse Locations page.

Free legal assistance is sometimes available in Montana for low-income people who petition for orders of protection. For help in finding free legal assistance in your area, please visit our MT Finding a Lawyer page.