An Order of Protection
MCA 40-15-201 — a temporary order at once on a sworn petition, a hearing within 20 days, and no cost to file
A person in reasonable fear of bodily injury by a partner or family member, or the victim of an assault, threat or other listed offense by one, may petition. A victim of stalking, sexual assault or certain other crimes may petition whatever the relationship.
Who handles this in Montana: MontanaLawHelp.org, apply for legal services and Montana Legal Services Association; and legal aid programs, lawyer referral and the state offices, listed in the Montana directory.
- On a sworn petition showing danger, the court issues a temporary order at once.
- It may bar contact, order the respondent to stay 1,500 feet or another distance away, and remove the respondent from the home whoever owns it.
- A hearing is held within 20 days, and the temporary order stays in effect until then.
After the hearing, the court may continue the order for a set time or make it permanent, based on the history of violence and the severity of the offense. There is no cost to file a petition or to serve the order.
Not mutual. The court may not make the order run both ways. A respondent who wants protection files a petition of their own.
Sources for this section (4)
- MCA 40-15-102 — Eligibility for order of protection
- MCA 40-15-201 — Temporary order of protection
- MCA 40-15-202 — Order of protection -- hearing -- evidence
- MCA 40-15-204 — Written orders of protection
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Montana attorney.