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(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.
If you want to withdraw your order, you would file a request for withdrawal. Only a judge can withdraw or cancel an order. If you want a final order to last longer, you may go back to court and ask a judge to extend your order by filing a request for an extension.
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.
Violation of this no contact order is a criminal offense under 45-5-209, MCA, and may result in your arrest. You may be arrested even if the person protected by the no contact order invites or allows you to violate the prohibitions. This order lasts 72 hours or until the court continues or changes the order."
No Contact includes by phone, email, in person (within 1500 feet), electronic communications, and through a third-party. The No Contact Order shall remain in full force and effect for 72 hours OR until they make their first appearance in court.
After having a court hearing, a judge can grant you a ?restraining order after hearing? that can last up to five years. However, if there is no termination date on the order, the order will last three years from the date it was issued.
Person Requesting the Order of Protection The respondent is the person you are asking the court to protect you from. A Temporary Order of Protection is an order, signed by a judge, which restricts or prohibits the Respondent from contacting you. Generally, a Temporary Order of Protection is good for 20 days.