Montana Protective Orders

Code Section
40-4-121 to 125; 40-15-101, et seq. Temporar y order during dissolutio n of marriage only; 45-5-626

Activity Addressed by Order
Enjoin contact; exclude from dwelling, school, and employment of petitioner; counseling; regarding minors: enjoin contact; prohibition from possession of a firearm; during dissolution, includes temporary maintenance and support; limiting use of property

Duration
Temporary: maximum 20 days; during dissolution: maximum 1 year, may be modified

Penalty for a Violation of Order
Fine: maximum $500 and/or jail maximum 6 months. If 2nd conviction: fine, minimum $200 and maximum $500 and/or jail, minimum 24 hours and maximum 6 months. If 3rd or subsequent offense: fine, minimum $500 and maximum $2,000 and jail, minimum 10 days and maximum 2 years

Who May Apply for Order
Victim or regarding minors: parent, guardian ad litem or other representative

Fees Waived
May be if inability-topay-filingfees order form submitted

Transmission to Law Enforcement
Copy mailed, within 24 hours of receiving proof of service, to the appropriate law enforcement agency

Civil Liability
N/A


Inside Montana Protective Orders