Domestic Violence Protection Order

IMPORTANT: THIS IS A PREPARATION GUIDE — NOT THE OFFICIAL COURT FORM

Montana requires the use of official court forms for domestic violence protection order
petitions, including the Petition for Temporary Order of Protection and Request for Hearing.
This template provides the substantive legal content to help you prepare — but you must
transfer your content to the official form before filing. The official forms are available at
https://courts.mt.gov/forms/domestic.
Do not file this document directly with the court.

**STATE OF MONTANA

________ JUDICIAL DISTRICT COURT, __________ COUNTY
ORDER OF PROTECTION (DOMESTIC VIOLENCE)**
(Drafted Template for Attorney Customization)

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Findings of Fact
4. Operative Provisions (Injunctive Relief)
5. Firearms Restrictions
6. Custody, Visitation & Support (Optional)
7. Service, Enforcement & Notice
8. Violation Penalties
9. Modification & Termination
10. General Provisions
11. Execution Block

1. DOCUMENT HEADER

1.1 Caption
• Court: [_________ Judicial District Court, __________ County, State of Montana]
• Case No.: [___]
• Judge: [Hon. ______________________]

1.2 Parties
• Petitioner/Protected Party: “[PETITIONER FULL LEGAL NAME]”
• Respondent/Restrained Party: “[RESPONDENT FULL LEGAL NAME]”

1.3 Effective Dates
• Date of Issuance: [MM/DD/YYYY]
• Expiration Date: [MM/DD/YYYY] (an order of protection may be issued for the period the court directs or made permanent under Mont. Code Ann. § 40-15-204(1), (2), or (4))

1.4 Jurisdiction & Governing Law
This Order is issued pursuant to Mont. Code Ann. §§ 40-15-201 et seq. District courts, justices' courts, municipal courts, and city courts have concurrent jurisdiction to hear and issue orders of protection, and venue is proper as provided in Mont. Code Ann. § 40-15-301. No jury trial is available in these proceedings.

2. DEFINITIONS

For purposes of this Order:

2.1 “Contact” means any direct or indirect communication, including in-person, telephone, text, electronic, social media, third-party, or written correspondence.

2.2 “Domestic Violence” refers to the acts and offenses that make a petitioner eligible for an order of protection under Mont. Code Ann. § 40-15-102 — including partner or family member assault as defined in Mont. Code Ann. § 45-5-206 — when committed by a partner or family member.

2.3 “Family Member” and “Partner” have the meanings set forth in Mont. Code Ann. § 45-5-206(2).

2.4 “Law Enforcement Agency” means any Montana city, county, or state entity with arrest authority.

3. FINDINGS OF FACT

Upon review of the verified Petition, supporting affidavits, and testimony presented at the duly noticed hearing on [MM/DD/YYYY], the Court FINDS by a preponderance of the evidence that:

3.1 The Court has personal and subject-matter jurisdiction.

3.2 Respondent committed acts of domestic violence against Petitioner on or about [date(s)/description(s)].

3.3 Immediate and ongoing protection is necessary to prevent further harm.

3.4 Proper notice of the hearing — which must be conducted within 20 days of the issuance of the temporary order of protection under Mont. Code Ann. § 40-15-202(1) — was served on Respondent.

4. OPERATIVE PROVISIONS (INJUNCTIVE RELIEF)

Accordingly, IT IS HEREBY ORDERED:

4.1 No Contact. Respondent SHALL NOT initiate or have any Contact with Petitioner, Petitioner's minor children, or the following additional protected persons: [NAME(S)].

4.2 Stay-Away. Respondent SHALL remain at least [____] feet (the statutory default is 1,500 feet, Mont. Code Ann. § 40-15-201(2)(d)) from:
a. Petitioner’s person;
b. Petitioner’s residence at [ADDRESS];
c. Petitioner’s place of employment at [ADDRESS];
d. Childcare or school facilities attended by protected minors; and
e. Any other location where Petitioner is present, except as expressly allowed by Section 6 (supervised visitation).

4.3 Exclusive Possession of Residence. Petitioner is granted exclusive occupancy of the shared residence located at [ADDRESS]. Respondent shall remove personal effects only as arranged through law enforcement escort within [___] days.

4.4 Telephone & Utility Accounts. Respondent shall not terminate, transfer, or otherwise disrupt utility, phone, or internet services used by Petitioner.

4.5 Financial Restraints. Respondent shall not conceal, encumber, or dissipate marital or jointly held assets except for ordinary living expenses or as ordered herein.

5. FIREARMS RESTRICTIONS

5.1 Federal Prohibition. If this Order meets the qualifying criteria of 18 U.S.C. § 922(g)(8) (issued after notice and a hearing, restraining Respondent from harassing/stalking/threatening an intimate partner, and containing the requisite finding or explicit terms), it is a federal crime for Respondent to possess any firearm or ammunition while this Order is in effect.

5.2 State Firearm Restraint (Discretionary; Firearm Used in the Assault Only). Montana does not require a respondent subject to an order of protection to surrender firearms. The court may, in its discretion and as appropriate relief, prohibit Respondent from possessing or using the firearm used in the assault. Mont. Code Ann. § 40-15-201(2)(f). Check and complete if so ordered:

☐ Respondent SHALL NOT possess or use the following firearm used in the assault: [DESCRIBE FIREARM].

5.3 No Broader State Surrender Requirement. Except for any restraint entered under Section 5.2 and any independent federal prohibition under Section 5.1, Montana law imposes no mandatory surrender of, or blanket prohibition on possessing, all firearms by reason of this Order. (A separate scene-of-incident weapon seizure may apply under Mont. Code Ann. § 46-6-603 and is not part of this Order.)

6. CUSTODY, VISITATION & SUPPORT (OPTIONAL)

[Include this Part only if minor children are involved.]

6.1 Temporary Custody. Petitioner is awarded temporary sole legal and physical custody of the minor child(ren): [NAME(S), DOB(s)].

6.2 Visitation. Respondent shall have [supervised/unsupervised] visitation as follows:
• Schedule: [DAY/TIME];
• Location: [VISITATION CENTER];
• Supervisor: [NAME] (court-approved).

6.3 Child Support. Respondent shall pay interim child support of $[AMOUNT] per month beginning [DATE], payable through the Child Support Enforcement Division.

7. SERVICE, ENFORCEMENT & NOTICE

7.1 Service. A certified copy of this Order, together with the confidential Law Enforcement Information Sheet from the official order-of-protection packet (the uniform forms the Attorney General is directed to provide under Mont. Code Ann. § 40-15-203; available at https://courts.mt.gov/forms/domestic), shall be personally served on Respondent by [SHERIFF / CONSTABLE] forthwith. There is no cost for filing or service of an order of protection. Mont. Code Ann. § 40-15-204(8).

7.2 Entry into Information Systems. The Clerk shall transmit this Order to the Montana Criminal Justice Information Network (CJIN) and the National Crime Information Center (NCIC) Protection Order File.

7.3 Law Enforcement Duties. Arrest is the preferred response when a peace officer has probable cause to believe Respondent has violated this Order. Mont. Code Ann. § 46-6-311(2). A Montana peace officer may arrest Respondent without a warrant, the violation being a criminal offense under Mont. Code Ann. § 45-5-626.

8. VIOLATION PENALTIES

8.1 Criminal Offense. A person who, with knowledge of this Order, purposely or knowingly violates any of its provisions commits the criminal offense of violation of an order of protection. Mont. Code Ann. § 45-5-626. For a first offense, the offender shall be fined not more than $500, imprisoned in the county jail not more than 6 months, or both. Mont. Code Ann. § 45-5-626(3). Only Respondent, not Petitioner, may be cited for a violation. Mont. Code Ann. § 45-5-626(2).

8.2 Enhanced Penalties. Upon a second conviction, the offender shall be fined $200 to $500 and imprisoned 24 hours to 6 months; upon a third or subsequent conviction, fined $500 to $2,000 and imprisoned 10 days to 2 years. Mont. Code Ann. § 45-5-626(3). Conduct that independently constitutes stalking is punishable under Mont. Code Ann. § 45-5-220.

8.3 Civil Remedies. Petitioner retains the right to pursue any available civil remedies for damages arising from any violation.

9. MODIFICATION & TERMINATION

9.1 An order of protection may be terminated upon Petitioner's request that the order be dismissed. Mont. Code Ann. § 40-15-204(5). Any amendment to this Order (or to a temporary order of protection) is effective only after it has been served in writing on the opposing party. Mont. Code Ann. § 40-15-204(7). An order issued by a justice's, municipal, or city court is reviewable by the district court, which may affirm, dissolve, or modify it. Mont. Code Ann. § 40-15-302.

9.2 Absent earlier termination, this Order shall expire on the Expiration Date stated in Section 1.3, unless extended by further Court order.

10. GENERAL PROVISIONS

10.1 Severability. If any provision of this Order is held invalid, all remaining provisions shall remain in full force and effect.

10.2 Superseding Effect. This Order supersedes any prior inconsistent civil protection, separation, or custody orders, except as expressly incorporated herein.

10.3 Integration. This document constitutes the entire Order of the Court on the matters addressed and may be amended only by written order of this Court.

10.4 Copies. Certified copies of this Order shall be provided to Petitioner, Respondent, counsel of record, and all relevant law enforcement agencies.

11. EXECUTION BLOCK

IT IS SO ORDERED.

DATED: _______________________ ____________________________________
[JUDGE NAME], District Court Judge

Acknowledgement of Receipt (Optional)

I, the Respondent, acknowledge receipt of a certified copy of this Order on _______________ and understand its terms.

Signature: ________________________________

Printed Name: _____________________________

Prepared by: [ATTORNEY NAME], Bar No. [___]
Law Firm: [___]
Address: [___]
Phone: [___] • Email: ☐

END OF TEMPLATE