**STATE OF MONTANA
__ JUDICIAL DISTRICT COURT, ____ COUNTY
ORDER OF PROTECTION (DOMESTIC VIOLENCE)**
(Drafted Template for Attorney Customization)
[// GUIDANCE: This template is designed for use in proceedings under Mont. Code Ann. Title 40, Ch. 15 (Orders of Protection). Customize bracketed items, delete inapplicable provisions, and conform page layout to local clerk requirements before filing.]
TABLE OF CONTENTS
- Document Header
- Definitions
- Findings of Fact
- Operative Provisions (Injunctive Relief)
- Firearms & Dangerous Weapons Surrender
- Custody, Visitation & Support (Optional)
- Service, Enforcement & Notice
- Violation Penalties
- Modification & Termination
- General Provisions
- 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] (not to exceed statutory maximum absent renewal)
1.4 Jurisdiction & Governing Law
This Order is issued pursuant to Mont. Code Ann. §§ 40-15-201 et seq.; venue is proper in this District Court sitting as a Family Court. 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” has the meaning set forth in Mont. Code Ann. § 40-15-102.
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.
[// GUIDANCE: Add, remove, or cross-reference additional defined terms (e.g., “Shared Residence”) as required by fact pattern.]
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 was served on Respondent in compliance with Mont. Code Ann. § 40-15-204(2).
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 [___] yards 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.
[// GUIDANCE: Tailor sub-sections to the relief sought. Strike any provision unsupported by record evidence.]
5. FIREARMS & DANGEROUS WEAPONS SURRENDER
5.1 Federal Notice. Pursuant to 18 U.S.C. § 922(g)(8), Respondent may be prohibited from possessing firearms or ammunition while this Order is in effect.
5.2 Mandatory Surrender. Respondent SHALL, within 24 hours of service of this Order, surrender all firearms, ammunition, and weapon permits in his/her possession to [DESIGNATED LAW ENFORCEMENT AGENCY] and file proof of surrender with the Clerk.
5.3 Prohibition. Respondent SHALL NOT acquire or possess any firearm or dangerous weapon for the duration of this Order absent further Court 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, along with Form CSKT-040 (Law Enforcement Information Sheet), shall be personally served on Respondent by [SHERIFF / CONSTABLE] forthwith.
7.2 Entry into NCIC. The Clerk shall transmit this Order to the Montana Criminal Justice Information Network (CJIN) and the National Crime Information Center (NCIC) within 24 hours.
7.3 Law Enforcement Duties. Any Montana peace officer with probable cause to believe Respondent has violated this Order SHALL arrest Respondent pursuant to Mont. Code Ann. § 40-15-403.
8. VIOLATION PENALTIES
8.1 Criminal Contempt. Willful violation of this Order constitutes criminal contempt and may result in incarceration, fines, or both, as provided in Mont. Code Ann. § 40-15-301.
8.2 Enhanced Penalties. A second or subsequent violation may trigger enhanced sentencing under Mont. Code Ann. § 45-5-215.
8.3 Civil Remedies. Petitioner retains the right to pursue civil remedies for damages arising from any violation.
9. MODIFICATION & TERMINATION
9.1 Either party may move to modify or dissolve this Order pursuant to Mont. Code Ann. § 40-15-204(6). The moving party must serve the other party and schedule a hearing.
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: _____
[// GUIDANCE: Local rules may require notarization or removal of this acknowledgement section.]
Prepared by: [ATTORNEY NAME], Bar No. [__]
Law Firm: [____]
Address: [____]
Phone: [__] • Email: [___]
[// GUIDANCE: Remove attorney footer if court-supplied form prohibits inclusion.]
END OF TEMPLATE