Learning how to get a restraining order in Montana is the same as understanding how to obtain an Order of Protection in Montana. An Order of Protection is a court order that aims to stop violent and harassing behavior against a spouse, a family member, a heterosexual partner or an unrelated person believed to have sexually assaulted, assaulted, stalked or done other harm to the petitioner. http://www.doj.mt.gov/victims/forms/ovs5.pdf Orders of Protection can be sought in a city, municipal, district or justice court free of charge. The judge may specify what an offender cannot legally do in order to protect a victim.http://www.doj.mt.gov/victims/domesticviolence.asp

Victims can ask the court for an Order of Protection that prohibits the offenders from inflicting further harm or injury; making further contact with the petitioners or their family members; transferring property unrelated to normal business dealings; possessing or using firearm; staying within 1,500 feet or other appropriate distance of the victims or their family members. http://www.doj.mt.gov/victims/forms/ovs5.pdf

There are two types of Orders of Protection in Montana, namely the Temporary Order of Protection and the Permanent Order of Protection. http://www.montanalawhelp.org/MT/showdocument.cfm/County/%20/City/%20/demoMode/=%201/Language/1/State/MT/TextOnly/N/ZipCode/%20/LoggedIn/0/doctype/dynamicdoc/ichannelprofileid/28248/idynamicdocid/3132/iorganizationid/4114/itopicID/1231/iProblemCodeID/1370101/iChannelID/70/isubtopicid/1/iproblemcodeid/1370101 Temporary Orders of Protection provide the petitioners and their family members with immediate protection up to 20 days. There is no prior notice to the offender regarding the request of a Temporary Order of Protection from the court. Permanent Orders of Protection are granted or denied after a hearing at which both the petitioners and the respondents have the opportunity to testify. Once a Permanent Order of Protection is granted, the judge can determine the effective period for any length of time including permanently.

Violation of the Order of Protection is a criminal offense in the state of Montana and may carry penalties of up to $ 10,000 in fines and up to a 5-year jail sentence. http://www.womenslaw.org/laws_state_type.php?id=544&state_code=MT&open_id=11535

Obtain the relevant forms at the local domestic violence or sexual assault victim programs, the city, municipal, district or justice courts. The forms can also be downloaded from the website of the Department of Justice.http://www.doj.state.mt.us/resources/forms.asp

Fill out the forms with details and dates regarding the alleged abuses or threats. Children can be included as protected individuals in the Orders of Protection when they have been abused or threatened by the abuser. Only sign the form in front of a notary public which can often be found in courthouses or at banks.http://www.montanalawhelp.org/MT/showdocument.cfm/County/%20/City/%20/demoMode/=%201/Language/1/State/MT/TextOnly/N/ZipCode/%20/LoggedIn/0/doctype/dynamicdoc/ichannelprofileid/28248/idynamicdocid/3132/iorganizationid/4114/itopicID/1231/iProblemCodeID/1370101/iChannelID/70/isubtopicid/1/iproblemcodeid/1370101

Orders of Protection may be filed to a city, municipal, district or justice court in the county in which the petitioners live or stay to escape abuse. For requests of custody and visitation arrangements of children not being abused or threatened, the petitions should be filed in a district court. It is helpful to provide the respondent’s photo, addresses of residence and employment, phone numbers or a description and plate number of the abuser's car when an Order of Protection is filed. http://www.montanalawhelp.org/MT/showdocument.cfm/County/%20/City/%20/demoMode/=%201/Language/1/State/MT/TextOnly/N/ZipCode/%20/LoggedIn/0/doctype/dynamicdoc/ichannelprofileid/28248/idynamicdocid/3132/iorganizationid/4114/itopicID/1231/iProblemCodeID/1370101/iChannelID/70/isubtopicid/1/iproblemcodeid/1370101

Bring the signed petition to the court clerk who will forward it to a judge. The judge may ask questions when the petition is being reviewed. If the judge decides in the petitioner’s favor, a Temporary Order of Protection is issued. A court hearing will also be set within 20 days to determine whether or not a Permanent Order of Protection should be granted. The petitioner will be given a copy of the Temporary Order of Protection and notice of hearing. http://www.doj.mt.gov/victims/forms/ovs2.pdf

The petition and a copy of the Temporary Order of Protection will be given to law enforcement, usually by the court and in some areas by the petitioner, for service upon the respondent. The Temporary Order of Protection will be valid when the respondent has knowledge of it. After being notified about the hearing, the respondent may request an emergency hearing before the end of the 20-day period by filing an affidavit. An emergency hearing must be set within 3 working days of the day the affidavit is filed. The petitioner will be notified if an emergency hearing is scheduled. http://www.montanalawhelp.org/MT/showdocument.cfm/County/%20/City/%20/demoMode/=%201/Language/1/State/MT/TextOnly/N/ZipCode/%20/LoggedIn/0/doctype/dynamicdoc/ichannelprofileid/28248/idynamicdocid/3132/iorganizationid/4114/itopicID/1231/iProblemCodeID/1370101/iChannelID/70/isubtopicid/1/iproblemcodeid/1370101

Both the petitioner and respondent must be present at the hearing with or without a lawyer to present evidences or call witnesses to support their respective stories. A judge will decide if a Written Order of Protection should be issued that may be effective for a specific length of time or permanently.http://www.doj.mt.gov/victims/forms/ovs2.pdf

The content in this page is not a substitute for professional legal advice. Please contact a law professional before using the information presented here.