Restraining Orders

For the purposes of getting an order of protection, domestic violence is defined as:

1. when you are reasonably afraid of bodily injury from a partner or family member; or
2. when a partner or family member commits one of the following crimes against you:

• assault
• aggravated assault
• intimidation
• partner or family member assault
• criminal endangerment
• negligent endangerment
• assault on a minor
• assault with a weapon
• strangulation of a partner or family member
• unlawful restraint
• kidnapping
• aggravated kidnapping
• arson
• stalking.¹ Note: Victims of sexual assault or incest are also eligible - see next paragraph.²

In addition to victims of domestic violence, you can file for an order of protection against anyone who commits one of the following crimes against you, regardless of your relationship to the offender:

• assault;
• aggravated assault;
• assault on a minor;
• stalking;
• incest;
• sexual assault;
• sexual intercourse without consent;
• sexual abuse of children;
• human trafficking; or
• a partner or family member of a victim of deliberate homicide or mitigated deliberate homicide.²

Note: In addition, a parent or guardian can seek an order on behalf of a child under age 16 against an adult who has no legal supervision/control over the child if the parent believes that contact between them is not in the child’s best interests even if there is no domestic violence or crime committed.³ For more information, see Can a minor get an order of protection?

¹ Mont. Code § 40-15-102(1)​
² Mont. Code § 40-15-102(2)​
³ Mont. Code § 45-5-622(4)