Who can file for an order of protection?
Domestic violence victims can file for an order of protection against their 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
Also, anyone who was the victim of one of the following crimes against them can file for an order of protection regardless of their relationship to the offender:
- aggravated assault;
- assault on a minor;
- sexual assault;
- sexual intercourse without consent; or
- a partner or family member of a victim of deliberate homicide or mitigated deliberate homicide.2
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 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?
Note: If an adult has a guardian, conservator, or agent appointed by the court due to being incapacitated or protected, s/he can file on the adult victim’s behalf.4
1 Mont. Code § 40-15-102(1)
2 Mont. Code § 40-15-102(2)
3 Mont. Code § 45-5-622(4)
4 Mont. Code § 40-15-102(4)