Legal Information: Montana

Restraining Orders

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November 18, 2022

Can a minor get an order of protection?

If you are a minor (under 18), a parent, guardian ad litem or other representative may file for an order of protection on your behalf.1 In addition, a parent or guardian of a child who is under age 16 can verbally or in writing request that a person who is 18 or older and who has no legal right of supervision or control over the child stop contacting the child if s/he believes that the contact is not in the child’s best interests. If the adult continues to contact the child, the parent, guardian, or other person supervising the welfare of the child may file a petition for an order of protection on behalf of the child. The parent/guardian also has the option of asking the county attorney to petition for the order of protection instead. There does not have to be any domestic violence or other crime committed.2

An order of protection is effective against the abuser regardless of the abuser’s age.3

1 Mont. Code §§ 41-1-101; 40-15-102(3)
2 Mont. Code § 45-5-622(4)
3 Mont. Code § 40-15-102(5)

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