Montana Domestic Violence Protective Orders: A Survivor’s Guide
If you are experiencing domestic violence in Montana, the law provides immediate protection through orders of protection. These court orders can require your abuser to stay away from you, leave the family home, and stop all contact — with criminal penalties for violations.
At Cannon Breck Law, we help domestic violence survivors throughout the Flathead Valley — Kalispell, Whitefish, Columbia Falls, and surrounding communities — obtain protective orders quickly and effectively.
Types of Protective Orders in Montana
Temporary Order of Protection (TRO)
Under the Montana Partner and Family Member Assault Act, you can obtain a temporary order of protection the same day you file your petition. A judge reviews your sworn petition without the respondent present (ex parte) and, if the petition shows reasonable cause, issues the TRO immediately.
A TRO typically lasts 20 days — long enough for the court to schedule a full hearing where both parties can present evidence.
Permanent (Final) Order of Protection
After a hearing where both parties can testify and present evidence, the court may issue a permanent order of protection. Despite the name, these orders are not necessarily permanent — they are issued for a specific duration, typically one to three years, and can be renewed upon expiration if the threat continues.
What a Protective Order Can Do
Montana protective orders can include any or all of the following provisions:
- No-contact order — Prohibiting the respondent from contacting you directly or through third parties (in person, by phone, text, email, social media, or through others)
- Stay-away order — Requiring the respondent to stay a specified distance from your home, workplace, school, and other locations you frequent
- Exclusive possession of the home — Ordering the respondent to vacate the shared residence, even if they are on the lease or deed
- Temporary custody — Granting you temporary custody of minor children
- Firearms surrender — Requiring the respondent to surrender all firearms (federal law under 18 U.S.C. § 922(g)(8) also prohibits firearm possession by subjects of qualifying protective orders)
- Temporary child support and spousal support
- Other relief — Including requiring the respondent to attend batterer intervention programs
Who Can File
Montana’s protective order statute covers victims of abuse by:
- Current or former spouses
- Current or former dating partners
- Parents of a common child
- Current or former household members
- Family members related by blood, marriage, or adoption
“Abuse” includes assault, threat of assault, stalking, harassment, and other conduct placing the victim in reasonable fear of bodily injury.
How to File in Flathead County
- Go to the Flathead County Courthouse (800 S. Main St., Kalispell) or contact the Clerk of District Court
- Fill out the petition — Court staff can help with the forms. Describe the abuse in detail: dates, what happened, any injuries, any witnesses
- See a judge — A judge reviews your petition the same day (or the next business day). If granted, the TRO takes effect immediately
- Service — The respondent must be served with the TRO. Law enforcement (Flathead County Sheriff or Kalispell PD) handles service
- Full hearing — Within 20 days, the court holds a hearing where both parties can present evidence. The judge decides whether to issue a longer-term order
Violations of Protective Orders
Violating a protective order in Montana is a criminal offense under MCA § 45-5-626. Penalties include:
- First offense: Up to 6 months in jail and/or $500 fine
- Second or subsequent offense: Up to 5 years in prison and/or $50,000 fine
If the respondent violates the order, call 911 immediately. Do not try to enforce the order yourself.
Safety Planning
A protective order is an important legal tool, but it is a piece of paper — it does not physically stop a determined abuser. Safety planning is essential:
- Keep a certified copy of your protective order with you at all times
- Give copies to your employer, your children’s school, and your daycare provider
- Create a safety plan with a domestic violence advocate (Flathead Valley: Abbie Shelter at 406-752-7273)
- Document every violation — save texts, voicemails, and photographs
- Consider changing locks, varying your routine, and alerting neighbors
Contact Cannon Breck Law
You do not have to face domestic violence alone. The family law attorneys at Cannon Breck Law help survivors throughout the Flathead Valley obtain the legal protection they need. We understand the urgency and sensitivity of these situations.
If you are in immediate danger, call 911. For legal help with a protective order, contact us today.
