Reviewed August 2026
Protective Orders in Montana
If you're in immediate danger, call 911. The National Domestic Violence Hotline is 1-800-799-7233. In Montana, the civil remedy for domestic abuse is called an Order of Protection. Title 40, Chapter 15 of the Montana Code Annotated governs it. A partner or family member of the person who hurt them can ask a court for a temporary order the same day they file. The other person does not need to be present. A hearing to decide whether the order continues must happen within 20 days. Montana courts don't require a lawyer to file. The petition and temporary order process move fast, because safety is the point. This page explains who qualifies, how the emergency and full hearing process works, where to file, and what happens when a protective order case overlaps with a divorce or custody case.
Virdix's document-preparation product currently prepares divorce paperwork for California and Florida cases. This page explains how protective orders works under Montana law for people researching before they file. It is not legal advice, and Virdix does not prepare or file Montana paperwork. See how Virdix works for California divorces.
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Who qualifies for a Montana Order of Protection
Under MCA 40-15-102, a person may petition if they fear bodily injury from a partner or family member. They may also petition if that person committed specific offenses against them, such as assault, strangulation, or kidnapping. Some victims can petition regardless of their relationship to the offender. This includes victims of assault, stalking, sexual assault, or human trafficking. Family members of a homicide victim can petition too. A parent, guardian ad litem, or other representative may file on behalf of a minor.
Temporary order and the 20-day hearing rule
A petitioner files a sworn petition stating they are in danger of harm. Under MCA 40-15-201, the court reviews the petition right away. If it finds the petitioner faces danger without immediate action, it issues a temporary order the same day. The other party does not need advance notice. That order can bar contact, exclude the respondent from the shared residence, and set a distance requirement. Under MCA 40-15-202, a hearing on whether to continue, amend, or finalize the order must happen within 20 days. Either party can ask for a continuance for good cause. The respondent can also request an emergency hearing sooner. The court must grant that request within 3 working days.
Where to file and filing fee
District courts, justice's courts, municipal courts, and city courts can all issue temporary orders of protection under MCA 40-15-301. Montana's self-help resources direct petitioners to the clerk of whichever court is nearest. That can be in the county where they live, where the respondent lives, or where the abuse happened. Montana courts charge no filing fee for an Order of Protection petition.
Firearms
A court can bar the respondent from possessing or using the firearm involved in the assault. This is one specific form of relief under MCA 40-15-201(2)(f). Montana has no broader state law requiring surrender of all firearms once a court issues an order. Federal law can still independently bar firearm possession for a qualifying order, separate from what Montana's order itself states.
How it interacts with a divorce or custody case
Suppose a dissolution or parenting action is already pending in district court between the same parties. In that case, a party generally cannot start a separate protection order case in a different court. An exception applies if the assigned judge is unavailable, or if the petitioner left the county to escape further abuse. This comes from MCA 40-15-301(2). Under MCA 40-15-301(3), the rule works the other way too. If either party files for divorce or a parenting action after a protection order already exists, the two cases stay linked. The same court then handles both the family case and the protection order.
Sources: MCA Title 40, Chapter 15 - Table of Contents, MCA 40-15-102 Eligibility for order of protection, MCA 40-15-201 Temporary order of protection, MCA 40-15-202 Order of protection -- hearing -- evidence, MCA 40-15-301 Jurisdiction and venue, Montana Judicial Branch home
Not independently confirmed
- The Montana Coalition Against Domestic and Sexual Violence's own hotline number could not be verified because mcadsv.org did not respond to automated requests during verification; this page uses only the National Domestic Violence Hotline number
- Whether every city or municipal court clerk statewide processes Order of Protection filings identically; local practice can vary by court
Protective Orders in Montana: frequently asked questions
How do I get an Order of Protection in Montana?+
File a sworn petition with the clerk of a district, justice, municipal, or city court. Explain why you are in danger. If the court agrees, it issues a temporary order the same day, before the other person is notified. A hearing on whether the order continues happens within 20 days.
Who can get a protective order in Montana?+
You generally need to be a partner or family member of the person who hurt or threatened you. Victims of certain offenses, like assault or kidnapping, also qualify. Victims of assault, stalking, or sexual offenses can petition regardless of their relationship to the offender, per MCA 40-15-102.
Does it cost anything to file for a protective order in Montana?+
No. Montana courts charge no filing fee for an Order of Protection petition.
How long does a Montana Order of Protection last?+
A temporary order stays in effect until the hearing. That hearing must happen within 20 days unless continued for good cause. At the hearing, the judge decides whether to continue, amend, or make the order permanent.
Will a protective order affect my custody case in Montana?+
Suppose you already have a pending divorce or parenting case in district court. The protective order case is meant to stay connected to that same court, rather than proceed separately elsewhere. This comes from MCA 40-15-301. It keeps one judge handling both the safety order and the custody decisions.
Can Montana take away someone's guns under a protective order?+
A Montana Order of Protection can bar the respondent from possessing or using the firearm involved in the assault. Montana has no separate law requiring full firearm surrender for every order. Federal law can still independently prohibit firearm possession for qualifying orders.
This page is general information about protective orders in Montana, not legal advice for your situation. Laws, fees, and procedures change over time; confirm current details with Montana's own courts before relying on anything here. Virdix is not a law firm and is not licensed to practice law in Montana. Virdix does not prepare or file Montana divorce paperwork. It is not a substitute for an attorney licensed in Montana.
More Montana divorce guides
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