Montana
Montana Restraining Order Laws (2026): How to Get an Order of Protection
Independently fact-checked against primary sources (last audited August 17, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 17, 2026. · 4 primary sources cited on this page. How we verify our legal content
In Montana, an Order of Protection is available to victims of partner or family member assault, sexual assault, or stalking through municipal, city, justice, or district courts. Under MCA 40-15-204, a final order may be issued for an appropriate period of time or made permanent based on the respondent's history of violence, the severity of the offense, and the evidence presented at the hearing.
If you are in immediate danger, call 911. For confidential help 24/7, contact the National Domestic Violence Hotline at 1-800-799-7233 (text START to 88788).
Types of restraining orders in Montana
Montana uses the term "Order of Protection" for its civil protective orders, governed by MCA Title 40, Chapter 15. The statute applies to victims of partner or family member assault, sexual assault, stalking, incest, sexual intercourse without consent (SIWO), or human trafficking. This is a broad single-track system rather than a dual-track system: the law covers both domestic-relationship situations and, for certain offenses (sexual assault, stalking), victims with no qualifying relationship to the respondent.
The process has two stages. When a petitioner shows that immediate harm would result without protection, the court issues a Temporary Order of Protection ex parte for up to 20 days. This temporary order is in effect while the respondent is notified and a full hearing is scheduled. After the hearing, the court may issue a final Order of Protection for a fixed period or on a permanent basis.
Who can get a restraining order in Montana?
The qualifying relationships for Montana's Order of Protection under the partner and family member track include: current or former spouses; persons who share a child in common; persons in a current or former dating or ongoing intimate relationship, including same-sex relationships; parents and children; siblings; stepparents and stepchildren; in-laws; adoptive relatives; and other past or present household members, regardless of age or current cohabitation status.
Victims of sexual assault or stalking may petition for an Order of Protection even when they have no qualifying domestic relationship with the respondent. If you are unsure whether your circumstances qualify, the court self-help center or a local domestic violence advocate can review the petition with you and help determine the correct basis for your filing.
How to file for a restraining order in Montana
Petitions for an Order of Protection may be filed with municipal court, city court, justice court, or district court, which have concurrent jurisdiction (MCA §40-15-301(1)). You may file in the county where you currently or temporarily live, the county where the respondent lives, or the county where the abuse occurred, and MCA §40-15-301(4) sets no minimum length of residency.
If a dissolution of marriage or parenting plan proceeding involving the same parties is already pending in district court, that district court ordinarily handles the petition. Montana law makes two exceptions that matter if you have fled: under MCA §40-15-301(2), you may file in a justice's, municipal, or city court if the district court judge assigned to that case is unavailable, or if you left the county where the abuse occurred to escape further abuse. In that situation the court of limited jurisdiction can sign the order and then certifies the pleadings to the district court, which conducts the hearing. You do not have to return to the county you left in order to ask for protection.
Filing is free for petitioners, and the clearest authority for that is Montana's own statute: MCA §40-15-204(8) provides that there is no cost to file a petition for an order of protection or for service of an order of protection, whether it is served inside or outside the jurisdiction of the court issuing the order. The federal Violence Against Women Act bars these fees as well, so the protection rests on both state and federal law. If a clerk asks you for a filing or service fee, point to MCA §40-15-204(8). You will describe the acts of abuse, stalking, or assault in the petition and request immediate protection. If the judge finds that immediate harm would result without a protective order, the Temporary Order of Protection is issued that same day.
For assistance completing the forms, contact your county or city court clerk's self-help resources. Local domestic violence advocacy organizations can also help you prepare and file the petition at no cost. The National Domestic Violence Hotline (1-800-799-7233) can refer you to an advocate in your area.
Temporary vs. final orders: how long they last
| Order Type | How It Is Issued | How Long It Lasts |
|---|---|---|
| Temporary Order of Protection | Ex parte, same day, when immediate harm would otherwise result | Up to 20 days (full hearing held within approximately 20 days) |
| Final Order of Protection | After a full hearing with notice to respondent | Appropriate period set by the court, or permanent (MCA 40-15-204(1), (5)) |
Montana gives courts meaningful discretion on the duration of the final order. Under MCA §40-15-204(1), the court may determine, on the basis of the respondent's history of violence, the severity of the offense at issue, and the evidence presented at the hearing, that the petitioner needs permanent protection, and may order that the order of protection remain in effect permanently. MCA §40-15-204(5) provides that an order may otherwise continue for an appropriate time period as directed by the court, and that the order may be terminated upon the petitioner's request that it be dismissed. If you are asking for permanent protection, get a free case evaluation from a Montana family lawyer on presenting the respondent's history of violence (attorney advertising).
Firearms and a Montana Order of Protection
Montana does not have a blanket state-level prohibition on firearm possession solely based on a domestic violence protective order. Instead, Montana courts have discretionary authority under MCA §40-15-201(2)(f) to prohibit the respondent from possessing or using the specific firearm that was used in the assault. Whether to include such a restriction is within the court's discretion based on the facts of each case.
In addition, a qualifying final Order of Protection issued after notice and a full hearing triggers the federal firearm prohibition under 18 U.S.C. §922(g)(8). Any person subject to a qualifying order may not possess firearms or ammunition under federal law, regardless of whether the state order separately addresses firearms. If a respondent possesses firearms after a qualifying order is issued, contact law enforcement and report the violation to the court.
What happens if someone violates the order?
Violating a Montana Order of Protection is a criminal offense under MCA §45-5-626. The penalties are tiered by offense history. A first offense carries a fine of up to $500 and up to 6 months in county jail. A second offense carries a fine of $200 to $500 and between 24 hours and 6 months in county jail. A third or subsequent offense carries a fine of $500 to $2,000 and between 10 days and 2 years in county jail or state prison.
Law enforcement may arrest the respondent without a warrant on probable cause that an order has been violated. Do not wait to act if an order is violated. Call 911 immediately, document the violation with as much detail as possible (date, time, what occurred, any witnesses or physical evidence), and notify the court that issued the order. The respondent may also face contempt of court proceedings in addition to the criminal charge under MCA §45-5-626.
This article is general legal information, not legal advice, and it is not a safety plan. Protective-order rules vary by state and change. If you are in danger, call 911. For help with your specific situation, contact your local court's self-help center, a domestic-violence advocate, or a licensed attorney.
Related pages
For a nationwide overview of protective orders, visit the Restraining Order Laws by State hub. If you are documenting harassment or threats in Montana, see our guide on Montana recording laws. For information on self-defense and the use of force in Montana, see Montana self-defense laws.
More Montana Laws
Frequently Asked Questions
How do I get a restraining order in Montana?
File a petition for an Order of Protection with your local municipal, city, justice, or district court. If a dissolution or parenting case involving the same parties is already pending in district court, that court ordinarily handles the petition, but MCA 40-15-301(2) lets you file in a justice's, municipal, or city court if that district judge is unavailable or if you left the county where the abuse occurred to escape further abuse. If the judge finds immediate harm would result, a Temporary Order of Protection is issued the same day. There is no filing fee.
How long does a restraining order last in Montana?
A final Order of Protection in Montana can continue for an appropriate period set by the court, or it can be made permanent. Under MCA 40-15-204(1), the court bases that decision on the respondent's history of violence, the severity of the offense at issue, and the evidence presented at the hearing. MCA 40-15-204(5) allows the order to be terminated on the petitioner's request that it be dismissed.
How much does a restraining order cost in Montana?
Filing for an Order of Protection in Montana is free to the petitioner. MCA 40-15-204(8) states there is no cost to file a petition for an order of protection or for service of the order, whether it is served inside or outside the jurisdiction of the issuing court. The federal Violence Against Women Act bars the same fees.
Can I get a restraining order in Montana without a police report?
Yes. A police report is not required to file a petition in Montana. You can seek an Order of Protection based on your own sworn account of the abuse, stalking, or sexual assault.
Does a restraining order take away gun rights in Montana?
Partially. Montana courts have discretionary authority under MCA 40-15-201(2)(f) to prohibit a respondent from possessing or using the specific firearm used in the assault. Montana has no blanket state-level DV firearm-possession ban. However, the federal ban at 18 U.S.C. 922(g)(8) applies automatically to any qualifying final order issued after notice and a full hearing, prohibiting possession of all firearms and ammunition under federal law.
What happens if the abuser violates the order?
Violating a Montana Order of Protection is a criminal offense under MCA 45-5-626. A first offense carries up to $500 and up to 6 months in jail. A second offense carries $200 to $500 and 24 hours to 6 months. A third or subsequent offense carries $500 to $2,000 and 10 days to 2 years. Call 911 immediately and document the violation. Law enforcement may arrest without a warrant on probable cause.
What is the difference between a Temporary Order of Protection and a final Order of Protection in Montana?
A Temporary Order of Protection is issued ex parte the same day for up to 20 days when immediate harm is shown. After both sides have a chance to appear at a full hearing, the court may issue a final Order of Protection for a fixed period or permanently, depending on the evidence and circumstances.
Updates
Corrected where a petition may be filed when a divorce or parenting case is already pending, since Montana law lets a petitioner who left the county to escape abuse file in a local justice, municipal, or city court, and cited MCA 40-15-204 for the no-cost filing rule and for how long a final Order of Protection lasts.
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
Governing law re-checked for recent changes
Relabeled the Sources box entry for MCA §45-8-315: its actual text is only a definition of "concealed weapon," not a firearm-prohibition provision for protective-order respondents as it had been described.
Governing law re-checked for recent changes
Reviewed and approved by an editor
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Montana Code Annotated, Title 40
§ 40-15-201Temporary Order Of ProtectionIn force
40-15-201. Temporary order of protection. (1) A petitioner may seek a temporary order of protection from a court listed in 40-15-301. The petitioner shall file a sworn petition that states that the petitioner is in reasonable apprehension of bodily injury or is a victim of one of the offenses listed in 40-15-102, has a relationship to the respondent if required by 40-15-102, and is in danger of harm if the court does not issue a temporary order of protection immediately. (2) Upon a review of the petition and a finding that the petitioner is in danger of harm if the court does not act immediately, the court shall issue a temporary order of protection that grants the petitioner appropriate relief.
Official text (excerpt) · last checked 2026-09-08 · Read the full text in our law library · Verify at mca.legmt.gov
§ 40-15-301Jurisdiction And VenueIn force
40-15-301. Jurisdiction and venue. (1) District courts, justices' courts, municipal courts, and city courts have concurrent jurisdiction to hear and issue orders under 40-15-201. (2) When a dissolution of marriage or parenting action involving the parties is pending in district court, a person may file a petition for an order of protection in a justice's, municipal, or city court only if the district court judge assigned to that case is unavailable or if the petitioner, to escape further abuse, left the county where the abuse occurred. The petitioner shall provide a copy of relevant district court documents to the justice's, municipal, or city court, along with the petition. The justice of the peace, municipal court judge, or city court judge shall immediately certify the pleadings to the original district court after signing an order of protection under this subsection. The district court shall conduct the hearing unless both parties and both courts agree that the hearing may be conducted in the court of limited jurisdiction.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at mca.legmt.gov
Cited in 4 court opinions in our collectionLatest citing opinion in our collection: 2023
Opinions citing this section in our collection:
- Sampson v. Sampson (Montana Supreme Court 2013, 2013 MT 127N)“…07 MT 138, ¶ 6, 337 Mont. 407, 162 P.3d 847. ¶9 Under § 40-15-301, MCA, Montana courts have concurrent jurisdi…”
- Wendy Schoonen v. Ryan Reichle (Montana Supreme Court 2007, 2007 MT 356N)“…her petition for a temporary protective order, pursuant to § 40-15-301, MCA, Schoonen was required to file the peti…”
- D. Marquis v. 19th Judicial District (Montana Supreme Court 2023)“…have concurrent jurisdiction to hear and issue orders under § 40-15-301, MCA, "an action brought . . . may be filed…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 40-15-204Written Orders Of ProtectionIn force
40-15-204. Written orders of protection. (1) The court may, on the basis of the respondent's history of violence, the severity of the offense at issue, and the evidence presented at the hearing, determine that to avoid further injury or harm, the petitioner needs permanent protection. The court may order that the order of protection remain in effect permanently. (2) In a dissolution proceeding, the district court may, upon request, issue either an order of protection for an appropriate period of time or a permanent order of protection. (3) An order of protection may include all of the relief listed in 40-15-201, when appropriate. (4) An order of protection may include restraining the respondent from any other named family member who is a minor. If this restriction is included, the respondent must be restrained from having contact with the minor for an appropriate time period as directed by the court or permanently if the court finds that the minor was a victim of abuse, a witness to abuse, or endangered by the environment of abuse.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at mca.legmt.gov
Cited in 11 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- In RE MARRIAGE OF BOCK v. Smith (Montana Supreme Court 2005, 326 Mont. 123)“…2000 MT 274, ¶ 53, 302 Mont. 107, ¶ 53, 14 P.3d 12, ¶ 53). Section 40-15-204, MCA, states, “The court may, on the basis…”
- Marriage of Lockhead (Montana Supreme Court 2013, 373 Mont. 120)“…eptember 5, 1997, which it then made permanent pursuant to § 40-15-204, MCA, on April 21, 1999. On November 15, 201…”
- Marriage of Albrecht (Montana Supreme Court 2011, 363 Mont. 117)“…rm. 4 ¶12 Section 40-15-204, MCA, allows a district court to issue a tem…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Montana Code Annotated, Title 45
§ 45-5-626Violation Of Order Of ProtectionIn forcecited in 2 of our articles
45-5-626. Violation of order of protection. (1) Except as provided in 50-32-609, a person commits the offense of violation of an order of protection if the person, with knowledge of the order, purposely or knowingly violates a provision of any order provided for in 40-4-121 or an order of protection under Title 40, chapter 15. It may be inferred that the defendant had knowledge of an order at the time of an offense if the defendant had been served with the order before the time of the offense. Service of the order is not required upon a showing that the defendant had knowledge of the order and its content. (2) Only the respondent under an order of protection may be cited for a violation of the order. The petitioner who filed for an order of protection may not be cited for a violation of that order of protection. (3) An offender convicted of violation of an order of protection shall be fined not to exceed $500 or be imprisoned in the county jail for a term not to exceed 6 months, or both, for a first offense.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at mca.legmt.gov
Cited in 21 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- State v. Strong (Montana Supreme Court 2015, 380 Mont. 471)“…counts of violating an order of protection in violation of § 45-5-626, MCA. The first two counts…”
- State v. Huffine (Montana Supreme Court 2018, 392 Mont. 103)“…ight counts of violating a protective order in violation of § 45-5-626, MCA, the matter proceeded to jury trial on…”
- State v. Pingree (Montana Supreme Court 2015, 379 Mont. 521)“…al consequences for violating an order of protection (see § 45-5-626, MCA), but simply being named as respondent…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Montana Expungement Laws: Misdemeanor Eligibility, Process, and Limits (2026)
§ 45-8-315DefinitionIn forcecited in 5 of our articles
45-8-315. Definition. "Concealed weapon" means a firearm that is wholly or partially covered by the clothing or wearing apparel of the person carrying or bearing the weapon.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at mca.legmt.gov
Also relied on in: Pepper Spray and Stun Gun Laws by State (2026), Montana Pepper Spray and Stun Gun Laws (2026), Montana Knife Laws (2026): Preemption and the Firearm-Only Definition
United States Code Title 18
§ 922Unlawful actsIn forcecited in 72 of our articles
It shall be unlawful— for any person— except a licensed importer, licensed manufacturer, or licensed dealer, to engage in the business of importing, manufacturing, or dealing in firearms, or in the course of such business to ship, transport, or receive any firearm in interstate or foreign commerce; or except a licensed importer or licensed manufacturer, to engage in the business of importing or manufacturing ammunition, or in the course of such business, to ship, transport, or receive any ammunition in interstate or foreign commerce; for any importer, manufacturer, dealer, or collector licensed under the provisions of this chapter to ship or transport in interstate or foreign commerce any firearm to any person other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, except that— this paragraph and subsection (b)(3) shall not be held to preclude a licensed importer, licensed manufacturer, licensed dealer, or licensed collector from returning a firearm or replacement firearm of the same kind and type to a person from whom it was received; and this paragraph shall not be held to preclude an individual from mailing a firearm owned in compliance…
Official text (excerpt) · last checked 2026-09-16 · Read the full text in our law library · Verify at uscode.house.gov
Cited in 40,024 court opinions in our collectionLatest citing opinion in our collection: 2026
In the courts (editorial summary, independently checked):Section 922(g)(1) bars a felon from possessing a firearm, and the Supreme Court cases in this line turn on sentencing, not on the ban. Taylor v. United States (1990) and Shepard v. United States (2005) held that whether prior convictions enhance a 922(g) sentence under 924(e) is decided from offense elements and limited plea records.
Opinions citing this section in our collection:
- United States v. Booker (Supreme Court of the United States 2004, 543 U.S. 220)“…e Johnson with one crime (say, illegal gun possession, see 18 U. S. C. § 922 (g)) and Jackson with another (say, ban…”
- Almendarez-Torres v. United States (Supreme Court of the United States 1998, 523 U.S. 224)“…cidivism an offense element in such circumstances. But cf. 18 U. S. C. § 922 (g)(1) (prior felony conviction an elem…”
- Taylor v. United States (Supreme Court of the United States 1990, 495 U.S. 575)✓Taylor pleaded guilty to felon-in-possession under 18 U.S.C. § 922(g)(1) and had two Missouri burglary convictions; the Court held that 'burglary' in the § 924(e) enhancement attached to a § 922(g) conviction means generic burglary judged by the prior statute's elements.
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Can You Become an ICE Agent with a Criminal Record? (2026 Guide), How Long Does a Felony Stay on Your Record? (2026), Supreme Court Limits the Federal Gun Ban on Marijuana Users (Hemani, 2026)
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Sources and References
- MCA Title 40, Chapter 15 (Partner and Family Member Assault, Safety and Protection of Victims)(mca.legmt.gov).gov
- MCA §45-8-315 (definition of 'concealed weapon' - does not itself prohibit firearm possession under a protective order)(mca.legmt.gov).gov
- Montana Courts: Protective Orders(courts.mt.gov).gov
- MCA §45-5-626 (Violation of order of protection: penalties)(mca.legmt.gov).gov
- MCA 40-15-204 (Written orders of protection: permanent and appropriate-period duration, termination on petitioner request, and no cost to file or serve)(mca.legmt.gov)
- MCA 40-15-301 (Jurisdiction and venue: concurrent jurisdiction, pending-dissolution exceptions, county of filing)(mca.legmt.gov)