How to Get an Order of Protection in Montana
Reviewed by DocDraft Legal Team · Montana · Last updated September 17, 2026
In Montana, an Order of Protection is a civil court order that directs an abuser to stop the abuse, stay away from you, and have no contact with you, and it is unusual in that you can file for one in district court, justice court, city court, or municipal court, whichever is closest to you. You seek one under Montana's protective order law (Mont. Code Ann. 40-15-101 and following) when a partner, family member, or another person covered by the statute has harmed you or made you reasonably fear bodily injury. You start by filing a sworn Petition for Order of Protection with the court. There is no cost to file the petition or to have it served (Mont. Code Ann. 40-15-204). A judge can grant a Temporary Order of Protection the same day, without the other person present, if you are in danger of harm and the court must act immediately (Mont. Code Ann. 40-15-201). That temporary order stays in effect until a hearing, which must be held within 20 days (Mont. Code Ann. 40-15-202). At the hearing the judge decides whether to issue a final Order of Protection, which the court can set for a fixed time or make permanent (Mont. Code Ann. 40-15-204). If you are in immediate danger, call 911; the National Domestic Violence Hotline is available at 1-800-799-7233. Attorney review of your petition is available through DocDraft.
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How do I get an Order of Protection in Montana?
File a sworn Petition for Order of Protection with a district, justice, city, or municipal court in your area. There is no filing or service fee (Mont. Code Ann. 40-15-204). A judge can grant a temporary order the same day, and a hearing is set within 20 days.
How long does it take to get an Order of Protection in Montana?
A judge can issue a Temporary Order of Protection the same day you file, without the other person present, if you are in danger of harm and the court must act immediately (Mont. Code Ann. 40-15-201). A full hearing is then held within 20 days (Mont. Code Ann. 40-15-202).
How long does an Order of Protection last in Montana?
A Temporary Order of Protection lasts until your hearing, which is held within 20 days. After the hearing, the court can issue a final Order of Protection for a fixed time period or make it permanent, depending on the history of violence and the evidence (Mont. Code Ann. 40-15-204).
Which court handles Orders of Protection in Montana?
Montana district courts, justice courts, city courts, and municipal courts share concurrent jurisdiction, so you can file in whichever is closest to you (Mont. Code Ann. 40-15-301). If a divorce or parenting case is already open in district court, you generally file there. The Montana Judicial Branch self-help center provides the forms.
Montana Order of Protection law at a glance
In Montana, an Order of Protection is a civil court order that directs an abuser to stop the abuse, stay away, and have no contact with you, issued under Montana's protective order law (Mont. Code Ann. 40-15-101 and following). Montana is flexible about where you file: district courts, justice courts, city courts, and municipal courts all have jurisdiction (Mont. Code Ann. 40-15-301). There is no cost to file or to serve the petition (Mont. Code Ann. 40-15-204). A judge can grant a Temporary Order of Protection the same day, without the other person present, if you are in danger of harm (Mont. Code Ann. 40-15-201), and a hearing is held within 20 days (Mont. Code Ann. 40-15-202). After the hearing, a final Order of Protection can run for a set time or be made permanent (Mont. Code Ann. 40-15-204).
Getting a Montana Order of Protection from the nearest court
Suppose you live in a small Montana town and your former partner has been threatening you, so you go to the nearest justice court rather than driving to district court, since both can hear your case (Mont. Code Ann. 40-15-301). You file a Sworn Petition for Order of Protection at no cost (Mont. Code Ann. 40-15-204). That afternoon, a judge finds you are in danger of harm and signs a Temporary Order of Protection (Mont. Code Ann. 40-15-201), setting a hearing 18 days out. A deputy serves your ex. At the hearing you show threatening messages and testify, and the judge issues a final Order of Protection, choosing to make it permanent given the history (Mont. Code Ann. 40-15-204). Attorney review of your petition is available through DocDraft.
Relevant Laws
Mont. Code Ann. 40-15-201 (temporary order of protection)
Authorizes a court to issue a temporary order of protection when it finds the petitioner is in danger of harm if the court does not act immediately, and to issue an immediate order effective for up to 20 days without prior notice to the respondent.
Mont. Code Ann. 40-15-202 (hearing within 20 days)
Requires that a hearing be conducted within 20 days from the date the court issues a temporary order of protection, at which the respondent may appear and both sides may be heard before a final order is issued.
Mont. Code Ann. 40-15-204 (duration, permanent order, and no fee)
Provides that a final order of protection may continue for an appropriate time period as directed by the court or be made permanent, and states there is no cost to file a petition or for service of the order.
Mont. Code Ann. 40-15-301 (concurrent jurisdiction of courts)
Provides that district courts, justices' courts, municipal courts, and city courts have concurrent jurisdiction to hear and issue orders of protection under this chapter.
Regional Variances
Montana Order of Protection rules at a glance
Order name
Order of Protection, issued under Montana's protective order law (Mont. Code Ann. 40-15-101 and following). The court first issues a Temporary Order of Protection, then a final Order of Protection after a hearing.
Where to file
A district court, justice court, city court, or municipal court has concurrent jurisdiction, so you file in whichever is closest (Mont. Code Ann. 40-15-301). There is no filing fee (Mont. Code Ann. 40-15-204).
Emergency and temporary orders
A judge can issue a Temporary Order of Protection the same day, without the other person present, if you are in danger of harm and the court must act immediately (Mont. Code Ann. 40-15-201). It lasts until a hearing held within 20 days (Mont. Code Ann. 40-15-202).
Final order duration
After the hearing, the court can set the final Order of Protection for an appropriate time period or make it permanent, based on the history of violence, the severity of the offense, and the evidence (Mont. Code Ann. 40-15-204).
Main form
The Sworn Petition for Temporary Order of Protection and Request for Hearing, available in the complete protective order packet free from the Montana Judicial Branch self-help center. Forms use descriptive titles rather than numbers.
Suggested Compliance Checklist
Complete the Sworn Petition for Order of Protection
As soon as possible after the abuse days after startingFill out the Sworn Petition for Temporary Order of Protection and Request for Hearing, describing the abuse, your relationship, and specific dates. Use the free Montana Judicial Branch protective order packet, and ask a victim advocate for help. Attorney review of your petition is available through DocDraft.
File your petition with the court
Same day you finish the petition days after startingFile with the clerk of a district court, justice court, city court, or municipal court where you live or where the abuse happened (Mont. Code Ann. 40-15-301). There is no filing fee (Mont. Code Ann. 40-15-204). Ask the clerk when the judge will decide on your temporary order.
Get and carry the Temporary Order of Protection
Same day the judge signs it days after startingIf the judge grants a Temporary Order of Protection (Mont. Code Ann. 40-15-201), get the signed order and keep a copy with you. It stays in effect until your hearing. Note your hearing date, which must be within 20 days (Mont. Code Ann. 40-15-202).
Arrange service on the respondent
Before the hearing days after startingHave law enforcement personally serve the respondent with your petition and the temporary order, at no cost (Mont. Code Ann. 40-15-204). Service gives the other person notice so the judge can decide whether to issue a final order at the hearing.
Attend the hearing within 20 days
On the hearing date, within 20 days days after startingGo to the hearing, held within 20 days of the temporary order (Mont. Code Ann. 40-15-202), and bring photos, messages, and any witnesses. Both sides can testify. The judge decides whether to issue a final Order of Protection. If you miss the hearing, your temporary order can expire.
Confirm the duration of your final order
After the hearing days after startingRead the signed final Order of Protection to see whether the court set a fixed time period or made it permanent (Mont. Code Ann. 40-15-204). If it is for a set time, calendar the expiration date so you can ask the court to continue it before it ends.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Complete the Sworn Petition for Order of Protection | Fill out the Sworn Petition for Temporary Order of Protection and Request for Hearing, describing the abuse, your relationship, and specific dates. Use the free Montana Judicial Branch protective order packet, and ask a victim advocate for help. Attorney review of your petition is available through DocDraft. | - | As soon as possible after the abuse |
| File your petition with the court | File with the clerk of a district court, justice court, city court, or municipal court where you live or where the abuse happened (Mont. Code Ann. 40-15-301). There is no filing fee (Mont. Code Ann. 40-15-204). Ask the clerk when the judge will decide on your temporary order. | - | Same day you finish the petition |
| Get and carry the Temporary Order of Protection | If the judge grants a Temporary Order of Protection (Mont. Code Ann. 40-15-201), get the signed order and keep a copy with you. It stays in effect until your hearing. Note your hearing date, which must be within 20 days (Mont. Code Ann. 40-15-202). | - | Same day the judge signs it |
| Arrange service on the respondent | Have law enforcement personally serve the respondent with your petition and the temporary order, at no cost (Mont. Code Ann. 40-15-204). Service gives the other person notice so the judge can decide whether to issue a final order at the hearing. | - | Before the hearing |
| Attend the hearing within 20 days | Go to the hearing, held within 20 days of the temporary order (Mont. Code Ann. 40-15-202), and bring photos, messages, and any witnesses. Both sides can testify. The judge decides whether to issue a final Order of Protection. If you miss the hearing, your temporary order can expire. | - | On the hearing date, within 20 days |
| Confirm the duration of your final order | Read the signed final Order of Protection to see whether the court set a fixed time period or made it permanent (Mont. Code Ann. 40-15-204). If it is for a set time, calendar the expiration date so you can ask the court to continue it before it ends. | - | After the hearing |
Frequently Asked Questions
No. Montana law 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 court's jurisdiction (Mont. Code Ann. 40-15-204). You cannot be charged a filing fee or a service fee.
You can file if you are a partner or family member harmed by the respondent, or a victim of certain offenses such as assault, stalking, or sexual assault, as listed in Montana's protective order statute (Mont. Code Ann. 40-15-102). A parent or guardian can file on behalf of a minor.
Yes. This is a distinctive feature of Montana law. After the hearing, the court may set the final Order of Protection to continue for an appropriate time period or make it permanent, based on the respondent's history of violence, the severity of the offense, and the evidence (Mont. Code Ann. 40-15-204).
The hearing must be held within 20 days of the temporary order (Mont. Code Ann. 40-15-202). Both you and the respondent can attend, present evidence, and testify. The judge decides whether to issue a final Order of Protection and what protections to include, such as no contact and stay-away terms.
You file the Sworn Petition for Temporary Order of Protection and Request for Hearing, available in the complete protective order packet from the Montana Judicial Branch self-help center. The forms are free, identified by descriptive title rather than a number, and victim advocates can help you complete them.
Violating an order of protection is a crime in Montana. Call the police, who can arrest the person, and the court can also hold them in contempt. Keep a copy of your order with you at all times, and report every violation so officers can enforce it.
Yes. District courts, justice courts, city courts, and municipal courts all have concurrent jurisdiction, so you can file in the one nearest you (Mont. Code Ann. 40-15-301). If a divorce or parenting case is already pending in district court, you generally file there instead, and a limited court case can be transferred.
No. Montana courts and the Judicial Branch self-help center are set up for people to petition on their own, with free forms and victim advocates who can help. Many people file without a lawyer, especially for a temporary order. Legal help can be useful if the case is contested.
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