Legal Information: Montana

Restraining Orders

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November 18, 2022

Step 1: Go to the courthouse to file your petition.

Orders of protection may be filed in justice court, city court, municipal court, or district courts in the county in which you live or to which you have fled to escape abuse.  However, if there is a pending divorce or custody case or the respondent lives in another state, you may only be able to file in district court.  However, if there is a divorce or custody action pending in district court you may request an order of protection in justice, city, or municipal court if the judge handling your divorce or custody case is unavailable, or you left the county where the abuse occurred in order to escape the abuse.  In such cases, you must provide a copy of the relevant district court documents to the court when the petition is filed.1

You can find the court in your area by going to our MT Courthouse Locations page.  Tell the clerk of civil court that you want to file for an order of protection. Forms may also be obtained from many domestic violence agencies and many agencies have people available to help you through this process.  Please see MT Advocates and Shelters to find an agency near you.

1 See, for example, Cascade County’s order of protection petition / instructions

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