Restraining Orders

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:

• assault;
• aggravated assault;
• assault on a minor;
• stalking;
• incest;
• 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)