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. A final order may be issued for a fixed period or made permanent based on the respondent's history and the severity of the offense.
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 (MCA §40-15-301). If a dissolution of marriage or parenting plan proceeding is already pending, the petition must be filed in the district court that is handling that case.
Filing is free for petitioners. Under the federal Violence Against Women Act (VAWA), courts cannot charge a filing fee or a service fee to a petitioner seeking protection from domestic violence. 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 | Fixed period set by court, or permanent, based on evidence |
Montana gives courts meaningful discretion on the duration of the final order. The court considers the respondent's history of violence, the severity of the offense, and all evidence presented at the hearing. If the facts support it, the court can issue an order that has no end date. A permanent order can be terminated later if the petitioner requests modification or termination and the court finds it appropriate.
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 (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 . 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 .
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 there is a pending family law case, file in district court. 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 be issued for a fixed period set by the court, or it can be made permanent. The court bases this decision on the respondent's history of violence, the severity of the offense, and all evidence presented at the hearing.
How much does a restraining order cost in Montana?
Filing for an Order of Protection in Montana is free to the petitioner. Under the federal Violence Against Women Act, courts cannot charge a filing fee or service fee to someone seeking protection from domestic violence.
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
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 45
§ 45-5-626Violation Of Order Of ProtectionIn force
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 opinionsMost recently applied by a court: 2025
Leading cases:
- 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.
§ 45-8-315DefinitionIn force
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
United States Code Title 18
§ 922Unlawful actsIn forcecited in 61 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 2026-07-28 · Read the full text in our law library · Verify at uscode.house.gov
Cited in 40,024 court opinionsMost recently applied by a court: 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.
Leading cases:
- 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)
Search our full record of US law — 2.1 million sections, every state + federal →
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