The phrase “restraining order” gets used loosely, but in Montana it almost always refers to an Order of Protection. This is a civil court order designed to keep one person safe from another, and it is a separate process from the criminal courts. Whether you need protection or you've been served with one, it helps to understand exactly what these orders do and don't do. Orders of protection are governed by Title 40, Chapter 15 of the Montana Code Annotated.

Civil Order, Not a Criminal Charge

This is the single most important thing to understand: an Order of Protection is a civil matter. It is not the same as being charged with a crime. A related criminal charge, such as Partner or Family Member Assault (PFMA), is prosecuted separately by the State. The two can arise from the same incident, but they move through different courts with different standards. If you're facing both, you need to take each seriously.

Temporary vs. Longer-Term Orders

When someone asks a court for protection, the judge can issue a temporary order of protection right away if the request shows the person is in danger. That temporary order is short-lived by design. The court then sets a hearing, usually within a short window, where both sides can appear before the judge decides whether to enter a longer-term order.

What an Order Can Require

  • No contact with the protected person, in any form.
  • Staying away from a home, workplace, or school.
  • Restrictions that can affect where you live and, in some cases, contact with children.
  • Other terms the court believes are necessary for safety.

If You've Been Served With One

An order of protection can carry serious consequences, and violating one can lead to criminal charges even if the underlying order is civil. Don't ignore the hearing date, and don't try to contact the other person to “work it out.” You have the right to appear and tell your side. Because these orders can touch your freedom, your home, and your relationship with your kids, it's worth talking to a lawyer first. Our criminal defense and domestic violence defense teams help clients on both sides of these matters across Western Montana.