Prepare your documents for a Domestic Violence Protection Order in Montana

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.

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 Start box at the top of this page.

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.

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.

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.

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.

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.

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.