Restraining Orders

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)