Prepare your documents for Domestic Violence Protection Order Montana

This website helps prepare the required forms for Domestic Violence Protection Order Montana.

Start

HOW IT WORKS

1. Take Screening

Start with an online screening tool to find out if a Domestic Violence Protection Order is the right fit for your situation in Montana.

2. Prepare Documents

Instead of filling out Montana court forms on your own, our system guides you through the process by asking for the required information one topic at a time. The questions are written in plain, easy-to-understand language. Once you finish, your answers are automatically placed into the appropriate Montana Domestic Violence Protection Order forms wherever they are needed.

3. Consult Advocate (Optional)

You can consult an advocate for guidance when filing a Montana Domestic Violence Protection Order. An advocate can help review your situation, explain your legal options, assist with safety planning, and answer questions about the court process. While working with an advocate is not required, their support can make the process easier and less overwhelming.

4. File with the Clerk

To begin the process of obtaining a Montana Domestic Violence Protection Order, you must file a petition with the court. You can generally file in the county where you currently or temporarily live, where the respondent lives, or where the abuse occurred. Montana courts provide filing options through the appropriate court clerk, and e-filing is not currently available to self-represented litigants.

Process

Step 1

You: Gathering Evidence for a Montana Domestic Violence Protection Order

Gather evidence to support your case, though your own testimony and statements about the abuse are also important evidence for the court to consider.

The following types of evidence may help support a Montana Domestic Violence Protection Order case:

Evidence Type 1: Pending Criminal Case
If there is an ongoing criminal case related to the domestic violence, let the court know. Information about the criminal case may provide additional context about the conduct and related law-enforcement or prosecutorial action.

Evidence Type 2: Photos of Injuries, Property Damage, or the Scene
Photos can help document physical injuries, property damage, or the condition of the scene after an incident. Include them with your written description to help the judge understand what happened.

Evidence Type 3: Text Messages, Emails, Social Media Posts, or Voicemails
Save threatening, abusive, or harassing text messages, emails, social media posts, or voicemails. These records can help document the respondent's conduct and communications.

Evidence Type 4: 911 Calls
If you called 911, include details such as:

The date and time of the call
Who made the call
What was reported
Any identifying details about the dispatcher, if remembered

Evidence Type 5: Medical Records
Provide records showing medical treatment related to the domestic violence, such as emergency room records, doctor's notes, photographs taken by medical staff, or health portal records.

Evidence Type 6: Police Reports
Attach copies of police reports documenting domestic violence, threats, assaults, stalking, harassment, or other related conduct involving the respondent.

Evidence Type 7: Witness Statements or Affidavits
Statements from family members, friends, neighbors, coworkers, or other witnesses who saw or heard the domestic violence can support your case. Witnesses should describe specific incidents and what they personally observed.

Step 2

You: Take Online Screening

Determine whether your situation may qualify for a Montana Domestic Violence Protection Order by taking a short online screening. You can begin by entering your ZIP code in the top right corner.

Step 3

You: Create Case Documents - "Packet"

After the screening, this website will guide you through the remaining steps to create your case documents.

For your information: To apply for a Montana Domestic Violence Protection Order, you must complete and submit the required Montana court forms. These forms ask about your relationship to the respondent, the incidents of domestic violence, and the protection you are requesting.

The most important document is the Petition for an Order of Protection. In this petition, you explain what happened and why you need protection. The information you provide helps the court decide whether to issue an order of protection.

Step 4

You: File with the Court - How to File a Montana Domestic Violence Protection Order

Montana allows you to file a Domestic Violence Protection Order petition with the court. Orders of Protection may be filed in a Justice Court, City or Municipal Court, or District Court. If you have an ongoing divorce or parenting-plan case, the petition generally should be filed in District Court.

To formally request court protection, you must complete and submit your petition to the court. This step is known as filing.

Filing options in Montana:

In person: File your petition with the appropriate court. You can use the Montana Court Locator to find the court and contact information for your area.

Electronically (E-Filing): Montana's electronic filing system is not currently available to self-represented litigants. If you are filing without an attorney, contact the appropriate court for instructions on how to submit your documents.

There is no cost to file for an Order of Protection.

Step 5

Judge Issues a Temporary Domestic Violence Protection Order

Based on the information you provide, a Montana court may issue a Temporary Order of Protection without prior notice to the respondent if the court finds that harm may result if protection is delayed. A temporary order generally lasts until the hearing, which must be held within 20 days.

A temporary order may restrict or prohibit the respondent from contacting you and may include other protections the court considers necessary for your safety.

After the temporary order is issued, the respondent must be served, and the court will hold a hearing where you can explain why you are requesting continued protection and present witnesses or other evidence. The court may then continue, modify, or make the order permanent.

Step 6

Law Enforcement Serves the Temporary Domestic Violence Protection Order on the Respondent

Once a judge issues a Temporary Domestic Violence Protection Order, the petition and a copy of the order must be given to law enforcement for service on the respondent. The temporary order is effective when signed by the judge, and a hearing must generally be held within 20 days.

After the respondent is served, the respondent must follow the restrictions in the order. Violating an Order of Protection is a criminal offense and may result in legal penalties.

Step 7

You, Respondent: Attend Court Hearing

After a Temporary Domestic Violence Protection Order is issued and the respondent is served, the court will hold a hearing. At the hearing, both you (the petitioner) and the respondent may attend, present evidence, call witnesses, and testify.

The judge will consider:

Evidence presented by both parties
Witness testimony
Any additional information relevant to the case

If the judge finds that the legal requirements for an Order of Protection are met, the court may issue an Order of Protection that continues after the temporary order.

The final order may:

Remain in effect for the period ordered by the court, as permitted under Montana law
Include protections the judge determines are appropriate based on the facts of the case

If you (the petitioner) do not attend the hearing, the court may dismiss the petition. If the respondent does not attend after being properly served, the judge may proceed with the hearing and make a decision based on the evidence presented.

Step 8

You: Collect the Final Domestic Violence Protection Order

If the judge issues a Final Domestic Violence Protection Order after the hearing, you will receive an official copy of the order. Be sure to obtain a copy from the court before leaving the courthouse.

The order will explain:

The protections granted to you
The restrictions and requirements imposed on the respondent
How long the order remains in effect

Keep a copy of the order in a safe but accessible place. You may need to provide it to law enforcement, your employer, your child's school, or other organizations to help enforce the order and support your safety.

FAQs

What is a Domestic Violence Protection Order in Montana?

How does a domestic violence protection order help me?

A Montana Domestic Violence Protection Order can help by asking the court to put specific protections in place, such as:

Order the respondent not to hurt, threaten, harass, or disturb you or your children.
Prohibit the respondent from contacting you directly or through others.
Require the respondent to stay away from you, your home, workplace, or other specified locations.
Require the respondent to leave a shared home.
Give you access to necessary personal property.
Restrict the respondent from possessing a firearm or other dangerous weapon when allowed by law.
In some cases, require counseling or supervised visitation arrangements.

Violating an Order of Protection is a crime under Montana law.

What does a Montana Domestic Violence Protection Order NOT do?

A Montana Domestic Violence Protection Order is designed to provide specific court-ordered protections, but it does not resolve every legal issue related to domestic violence.

It generally does not:

Automatically result in criminal charges against the respondent. A protection order is a civil court proceeding, although violating the order can be a criminal offense.
Replace a parenting plan or permanently decide custody and visitation. The court may address certain child-related protections, but a protection order should not be used as a substitute for a parenting plan.
Guarantee that the respondent will be arrested simply because an order is issued. Law enforcement may take action when there is a violation of the order.
Guarantee that the court will grant every protection requested. The judge decides what protections are appropriate based on the evidence and applicable law.
Prevent all future contact in every situation. Any no-contact or other restrictions depend on what the court includes in the specific order.

What happens if the respondent violates a Montana Domestic Violence Protection Order?

If the respondent violates a Montana Domestic Violence Protection Order, the violation is a crime. You should contact local law enforcement immediately. The respondent may be arrested, and the violation may lead to criminal charges.

It can be helpful to keep records of each violation, including messages, calls, photographs, or other evidence. These records may help law enforcement and prosecutors document the violation.

If you are in immediate danger, call 911.

How much does it cost to get a Domestic Violence Protection Order in Montana?

Do I need a lawyer to get a Domestic Violence Protection Order in Montana?

How long does it take to get a Domestic Violence Protection Order in Montana?

A Temporary Order of Protection can be issued quickly if the judge finds that you are in danger of harm and that immediate protection is needed. The temporary order can be issued without prior notice to the respondent and can remain in effect for up to 20 days.

A court hearing must generally be held within 20 days after the temporary order is issued. At the hearing, the judge decides whether to continue, amend, or make the protection order permanent.

The exact timing can vary depending on the court, service on the respondent, and whether the hearing is continued for good cause.

How can a Domestic Violence Protection Order affect other legal matters?

Court Forms Created This website guides you through all the topics required to complete your Domestic Violence Protection Order documents and file your case.

Core Forms

Petition for Temporary Order of Protection and Request for Hearing
Law Enforcement Service Information
Temporary Order of Protection

Order of Protection
Motion to Modify, Terminate Renew or Change Hearing on Protection order