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Legal Information: Montana

Restraining Orders

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Laws current as of
December 20, 2023

What protections can I get in an order of protection?

A temporary or final order of protection can:

  • order the abuser to:
    • stop committing or threatening to commit acts of violence against you or your family members;
    • stop harassing, annoying, disturbing the peace of, contacting, or otherwise communicating directly or indirectly with you, your family members, or any witness to the abuse;
    • not remove your child from the state (“jurisdiction of the court”);
    • leave and stay 1,500 feet away from you, your home, school, work, or another specific place;
    • be removed (“excluded”) from your home regardless of who owns the home;
    • not transfer, hide, or get rid of any property except as would normally be done in the “usual course of business”;
    • give you possession and use of the home, a car, and other essential property, no matter who owns any of these things, and order law enforcement to accompany you to the home to get these items;
    • complete violence counseling, and, if necessary, drug counseling or treatment;
    • not possess or use a firearm if s/he used one in an assault against you; and
  • grant any other relief that is necessary to provide for the safety and welfare of you or your family members.1

Whether a judge orders any or all of the above depends on the facts of your case.

1 Mont. Code §§ 40-15-201(2); 40-15-204(3)