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Legal Information: Montana

Restraining Orders

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May 14, 2024

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.1 

However, if there is a pending divorce or custody case in district court, you generally have to file your petition in district court. You could file in a different court only 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.2  

In such cases, you must provide a copy of the relevant district court documents to the court when the petition is filed.2

You can find the district 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. You can find links to forms online on the MT Download Court Forms page or you can get them from the court clerk. Domestic violence agencies may have advocates available to help you through this process.  Please see MT Advocates and Shelters to find an agency near you.

1 Mont. Code § 40-15-301(1), (4) 
2 Mont. Code § 40-15-301(2)