Who is eligible for an order of protection?
Domestic violence victims who have been the victim of certain crimes (listed here) can file for an order of protection against the partner or family member who abused them. “Partner” refers to spouses, former spouses, people who have a child in common, and people who have been or are currently in a dating or ongoing intimate relationship with a person of the opposite sex. “Family member” refers to mothers, fathers, children, brothers, sisters, and other past or present family members of a household whether these relationships are biological, or through adoption or remarriage.1
In addition, a parent / 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 solely because 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).2 For more information, see Can a minor get an order of protection?
Also, anyone who was the victim of one of the following crimes against them, regardless of their relationship to the offender, can file for an order of protection:
- aggravated assault
- assault on a minor
- sexual assault or
- sexual intercourse without consent or
- a partner or family member of a victim of deliberate homicide or mitigated deliberate homicide.3
1 Mont. Code § 40-15-102(1)
2 Mont. Code § 45-5-622(4)
3 Mont. Code § 40-15-102(2)