Montana Order Granting Protective Order
Description
How to fill out Order Granting Protective Order?
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FAQ
A protective order is a civil order from the court instructing a person to stop abusing, harassing, or contacting another person for a period of time. What is a no contact order? A no contact order is a court order issued in a criminal case requiring the defendant to have no contact with the alleged victim.
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."
You can file an opposition to the application or a motion asking the court to dissolve or modify the order, or you can appeal from the court's grant of an extended protection order.
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.
? An Order of Protection is a Civil Order issued by the. court to limit the behavior and contact of someone who harms or threatens to harm another person. It is used to address various types of safety issues, including, but not limited to situations involving domestic violence, stalking, and assault. MCA § 40-15-201.
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.
A victim of sexual, domestic, or elder abuse can get a protective order. A person may also get a protective order on behalf of a minor or vulnerable elder by being a substitute petitioner. Can I get a protective order in my divorce case? Yes, you may ask for a protective order in your divorce case.
