Legal Information: Montana

Restraining Orders

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November 18, 2022

What protections can I get in an order of protection?

A temporary or final order of protection can order the abuser to:

  • Stop threatening to commit or committing acts of violence against you or other family members;
  • Stop harassing, annoying, disturbing the peace of, contacting or otherwise communicating, directly or indirectly, with you or other 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 (or another distance) away from you, your home, your school, work, or another specific place;
  • Be excluded (removed) 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;
  • Order the abuser to complete violence counseling (including drug counseling or treatment, if necessary);
  • Be prohibited from possessing or using a firearm (if one was used in an assault against you); and/or
  • 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)

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