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Legal Information: Montana

Restraining Orders

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Laws current as of December 20, 2023

What is the legal definition of domestic violence in Montana?

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:

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:

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)