A Montana order of protection can be amended, appealed, or terminated, but only through a court. The order itself must say that it "may be amended only by further order of this court or another court that assumes jurisdiction over this matter" (MCA § 40-15-204(9)). This page sets out each route and what the statutes leave open. It is part of our Montana Domestic Violence Guide.
The Routes at a Glance
| Route | What the statute says | MCA |
|---|---|---|
| Petitioner asks to dismiss | The order may be terminated on the petitioner's request that it be dismissed. | § 40-15-204(5) |
| Amendment by the court | The order may be amended only by further order of the issuing court or another court that assumes jurisdiction. An amendment takes effect only after written service on the opposing party. | § 40-15-204(7), (9) |
| Appeal from a justice, municipal, or city court | Immediately reviewable by the district judge on a notice of appeal. The district judge may affirm, dissolve, or modify. | § 40-15-302(1) |
| Removal to district court | A case with an order from a court of limited jurisdiction may be removed on a notice of removal. | § 40-15-302(2) |
| Temporary injunction in a divorce | May be revoked or modified on a showing by affidavit of the necessary facts, and terminates on court order or voluntary dismissal of the petition. | § 40-4-121(8) |
When the Petitioner Wants It Ended
The statute is short on this point: "The order may be terminated upon the petitioner's request that the order be dismissed" (MCA § 40-15-204(5)). The request goes to the court. The word is "may," and the order remains in effect until the court acts on it.
A respondent should have no part in that request. Asking the petitioner to dismiss the order, or having someone else ask, is contact the order prohibits. It does not matter that the petitioner raised the subject. See if the protected person contacts you and violating an order of protection.
Asking the Court to Amend the Order
Either side can ask the issuing court to change the terms. Common subjects are the distance term, access to property, and contact with children. Two rules from the statute apply:
- The hearing on a temporary order is itself a point where the order can be "continued, amended, or made permanent" (MCA § 40-15-202(1)). See the order of protection hearing.
- An amendment to a temporary or final order "is effective only after it has been served in writing on the opposing party" (MCA § 40-15-204(7)). A change announced in court is not something to act on until the written amendment has been served.
Chapter 15 does not give a checklist for when a court should shorten or end an order at the respondent's request. An order runs for "an appropriate time period as directed by the court" or permanently (MCA § 40-15-204(5)), and the judge who set that period decides whether circumstances justify a change. Expect the court to want specifics: how much time has passed, compliance with the order, and why the change would not put anyone at risk.
Appeal and Removal From a Limited Jurisdiction Court
Justice courts, municipal courts, and city courts can issue orders of protection alongside district courts (MCA § 40-15-301(1)). When one of those courts issues an order:
- it "is immediately reviewable by the district judge upon the filing of a notice of appeal," and the district judge may affirm, dissolve, or modify it (MCA § 40-15-302(1));
- the case may instead be removed to district court by filing a notice of removal (MCA § 40-15-302(2)); and
- the order "continues in full force and effect unless modified by the appellate court" (MCA § 40-15-302(3)).
Section 40-15-302 does not state a deadline for the notice of appeal. Other court rules govern timing. An order issued by a district court is reviewed under the Montana Rules of Appellate Procedure. In either case, do not wait to get advice.
Orders Inside a Divorce or Parenting Case
When a divorce or parenting case between the same people is pending in district court, order of protection matters are generally routed to that judge (MCA § 40-15-301(2), (3)). In a dissolution proceeding, the district court may, on request, issue an order of protection for an appropriate period or a permanent one (MCA § 40-15-204(2)).
Divorce law also has its own tool. Under MCA § 40-4-121(2), either spouse may ask for a temporary injunction that, among other things, enjoins a party from molesting or disturbing the peace of the other, excludes a party from the family home on a showing that physical or emotional harm would otherwise result, or grants additional relief available under the order of protection chapter. Key points:
- A temporary restraining order can be issued without notice for up to 21 days (MCA § 40-4-121(4)).
- The other party is entitled to notice and a hearing, and may respond within 21 days after service or at the time stated in the order (MCA § 40-4-121(5)).
- At the hearing the court decides whether good cause exists for the injunction to continue for 1 year, and must tell both parties that it may affect firearm rights (MCA § 40-4-121(6)).
- The injunction may be revoked or modified on a showing by affidavit, and it terminates on order of the court or when the petition is voluntarily dismissed (MCA § 40-4-121(8)).
Violating an injunction issued under § 40-4-121 is the same crime as violating an order of protection (MCA § 45-5-626(1)). See divorce during a PFMA case and order of protection and your parenting plan.
What Ending the Order Does Not Do
Ending a civil order of protection does not touch a criminal no contact order, which has to be changed in the criminal case. See changing or lifting a no contact order. It also does not erase a conviction for a violation that happened while the order was in force.
Until you hold a written order that says the restrictions have ended or changed, follow the existing order exactly and let a lawyer handle any communication.
This page explains Montana law in general as of the 2025 Montana Code Annotated. It is not legal advice about your specific case.