What is a order of protection in Montana?

It is a civil court order that prohibits an abuser from contacting, threatening, or coming near the protected person. It can also address temporary custody, support, and housing.

How quickly can I get a protection order?

In an emergency, courts can issue an [def:ex parte|ex parte] (temporary) order the same day the petition is filed. A full hearing with both parties is then scheduled based on the court's calendar.

Do I need a lawyer to get a protection order?

No. Protection order petitions are designed to be filed without an attorney. Most courts provide standard forms and self-help resources. However, an attorney can help if the case involves contested custody, complex facts, or a respondent who is represented.

What happens if the other person violates the order?

Violating a protection order is a criminal offense. Law enforcement can arrest the respondent without a warrant. Depending on the circumstances, the violation may be charged as a misdemeanor or felony.

Topic guideUpdated 2026-02-27

Montana Protection Orders — How to Get One

Q: Does a protection order affect firearms rights in Montana?

Montana does not have a specific state-law firearms restriction tied to protection orders. However, federal law ([§ 18 U.S.C. § 922(g)(8)]) makes it a crime to possess a firearm while subject to a qualifying protection order — one issued after a hearing with notice, that restrains threats or force against an intimate partner or child.

How protection from abuse orders work in Montana — who can file, the process, duration, firearms implications, and what to expect

A order of protection in Montana is a civil court order designed to protect a person from domestic violence, abuse, threats, or harassment by someone with whom they have a qualifying relationship.

💡A protection order is not a criminal charge. It is a civil remedy. But violating one can result in criminal penalties, and the order itself can affect custody, housing, firearms rights, and employment.

Who can file

Spouse, former spouse, parent of a shared child, person related by blood or marriage, person presently or formerly residing in the same household, or person in a current or former intimate relationship.

A parent, guardian, or other authorized person may typically file on behalf of a minor or incapacitated person.

Types of orders

Ex parte temporary order of protection under §40-15-201 (effective up to 20 days); final order after hearing.

How the process works

File a petition

The petitioner files a verified petition with the court describing the abuse or threat. No attorney is required, and most courts provide standard forms.

Emergency or ex parte order

If the court finds immediate danger, it may issue a temporary order without notice to the respondent. This order typically lasts until a full hearing can be scheduled.

Service on the respondent

The temporary order and notice of hearing must be served on the respondent, usually by law enforcement.

Full hearing

Both parties appear before the court and may present evidence, testimony, and witnesses. The respondent has the right to be heard.

Final order

If the court finds that protection is warranted, it issues a final order that may include no-contact provisions, stay-away distances, temporary custody arrangements, and other relief.

Duration

For an appropriate time period as directed by the court, or permanently; if the hearing is continued, the temporary order remains in effect until the hearing.

Orders are filed in: District, justice, municipal, or city court; no cost to file the petition or to serve the order.

What a protection order can include

No-contact and stay-away provisions
Exclusive possession of a shared residence
Temporary custody of minor children
Temporary child support
Order to attend counseling or intervention programs
Prohibition on destroying, hiding, or disposing of property
Any other relief the court deems necessary for the petitioner's safety

Firearms and Second Amendment implications

Montana state law does not independently require firearm surrender or prohibit firearm possession upon issuance of a protection order. However, federal law §18 U.S.C. § 922(g)(8) still applies: it is a federal crime to possess a firearm while subject to a qualifying protection order — one issued after a hearing with notice and opportunity to participate, that restrains the person from threatening or using force against an intimate partner or child, and that includes either a credible-threat finding or an explicit prohibition on force.

⚠The federal firearms prohibition §18 U.S.C. § 922(g)(8) applies even where state law is silent. A person subject to a qualifying protection order who possesses a firearm risks federal prosecution.

Violations

Violating a protection order is a criminal offense. Depending on the circumstances and the state, a violation may be charged as a Misdemeanor or a Felony. Law enforcement can arrest a respondent for a violation without a warrant.

✓Protection orders are enforceable statewide and, under the Violence Against Women Act §18 U.S.C. § 2265, must be given full faith and credit by every other state, tribe, and territory.

Prepare for Your Consultation

Quick checklist (Family Law)

Bring what you have — missing items can be filled in later.

Current custody / support

orders (if any)

Key dates

and communications

Income / expense basics

(if support involved)

General preparation tips only. Procedures vary by court and issues.

No Obligation

Ready to Talk to a Lawyer?

Submit a short intake form and a participating Montana attorney who handles this type of matter may reach out to you. No commitment required.

Request a Free Consultation →

No attorney-client relationship is created unless you later sign an engagement agreement. Participating attorneys may pay a marketing fee to receive inquiries.

Common Questions