Montana USLegal Guide on Restraining Orders and No Contact Orders

State:
Multi-State
Control #:
US-GDE-09
Format:
Word; 
Rich Text
Instant download

Description

This guide provides an overview on restraining order and no contact orders. Topics covered include what acts can be restrained, who can be restrained, and what an order may request. Steps for obtaining a restraining order are explained as well.

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FAQ

File a petition for an Order of Protection in court. There is no cost. Petitioner must sign an affidavit about what abuser has done to them. If the court finds Petitioner is in danger of harm, Petitioner will first get a Temporary Order of 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 Order Information This order prohibits any contact with the alleged victim(s) of this offense. No Contact includes by phone, email, in person (within 1500 feet), electronic communications, and through a third-party.

Call the local police office's non-emergency number to submit a report afterward. For example, in Helena, it is (406) 442-3233 or (406) 447-8461 and in Missoula, it is 406-552-6300. In Billings, it is (406) 657-8460.

Partner Or Family Member Assault -- Penalty. (c) purposely or knowingly causes reasonable apprehension of bodily injury in a partner or family member.

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.

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.

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Montana USLegal Guide on Restraining Orders and No Contact Orders