In Montana, there are orders of protection for domestic violence victims and for crime victims. As long as the child custody provision complies with certain federal laws,To have someone read over your order and tell you if it meets this legal standard, contact a lawyer in your area. The Violence Against Women Act, which is a federal law, states that all valid orders of protections granted in the United States receive “full faith and credit” in all state and tribal courts within the US, including US territories. Temporary Order of Protection A Temporary Order of Protection is an order, signed by a judge, which restricts or prohibits the Respondent from contacting you, a Temporary Order of Protection is good for 20 days. Neither the U.S. Department of Justice nor any of its components operate, control, are responsible for, or necessarily endorse, this website (including, without limitation, its content, technical infrastructure, and policies, and any services or tools provided). Write about the most recent incidents of violence, using descriptive language (slapping, hitting, grabbing, choking, threatening, etc.) State: Montana Control #: MT-OVS5 Instant Download $16.95. To find out more information about how to modify a restraining order, see the Restraining Orders pages for the state where your order was issued.If your order does expire while you are living in Montana, you may be able to get a new one issued in Montana but this may be difficult to do if no new incidents of abuse have occurred in Montana. If you file, you may be granted an order on consent or the judge may find other circumstances that allow the order to be granted.You can read more about personal jurisdiction in our Domestic violence victims who have been the victim of certain crimes (listed In Motana, you may apply for an order of protection against a current or former same-sex partner as long as the relationship meets the requirements listed in  You can find information about LGBTQIA victims of abuse and what types of barriers they may face on our An order of protection is effective against the abuser regardless of the abuser’s age.It does not cost anything to get or serve an order of protection.You do not need an attorney to get an order of protection but it is generally helpful to have an attorney who is knowledgeable about domestic violence with you in court if you can. You may be able to request that you attend the court hearing by telephone rather than in person, so that you do not need to return to the state where your abuser is living. Make sure a police report is filled out, even if no arrest is made. Only the state that issued your protection order can change, extend, or cancel the order. When the police arrive, it may be a good idea to write down the name of the responding officer(s) and their badge numbers in case you want to follow up on your case. It can be against the law to violate any order of protection (temporary or permanent). 45-5-220 and/or 45-5-626 for the Respondent, even if invited and after notice of this Order, to violate the provisions of this Order. The mission of the State Law Library of Montana is to provide legal information and resources, to enhance knowledge of the law and court system, and to facilitate equal access to justice, statewide. If you do not have any copy of the order with you, the officer may consider other information when deciding whether or not there is a valid protection order in place. You will be given a copy of the temporary order of protection and notice of hearing.The respondent must be served with the temporary order of protection so that s/he knows s/he is prohibited from certain activities and so s/he knows about the hearing and has an opportunity to tell his/her side of the story. Read More. Usually the court will send copies of the temporary order to law enforcement for service, but in some areas you may have to bring the papers to law enforcement yourself.

The clerk will forward it to a judge. It is a misdemeanor under Montana Code Annotated . An emergency hearing is like a regular hearing, but it’s scheduled for an earlier date.

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For help in finding free legal assistance in your area, please visit our Orders of protection may be filed in justice court, city court, municipal court, or district courts in the county in which you live or to which you have fled to escape abuse. A domestic violence advocate can let you know what the advantages and disadvantages are for registering your order of protection, and help you through the process if you decide to do so. You can ask the court clerk for more information about serving the abuser. This is what is meant by “full faith and credit.” An order of protection is good anywhere in the United States as long as: If not, your order will be entered into the NCIC once your order is registered in MT.All law enforcement officials have access to the NCIC database, but the information is encrypted so outsiders cannot access it.You can either bring a certified copy of your order directly to the Department of Justice or you can bring a certified copy to a courthouse or to any local law enforcement agency and ask them to register the order with the department of justice for you.