Montana uses two different orders to stop contact after a domestic violence report. A no contact order comes from the criminal court as part of a partner or family member assault (PFMA) case. An order of protection comes from a civil petition filed by a person who says they need protection. You can be under one, the other, or both. This page is the overview for the orders section of our Montana Domestic Violence Guide.
The Two Orders Side by Side
| Question | No contact order | Order of protection |
|---|---|---|
| Kind of case | Criminal. It is part of the PFMA or related prosecution. | Civil. It is its own case under Title 40, chapter 15. |
| Who starts it | The court. An officer serves it at the time of the charge or arrest. No one has to ask (§ 45-5-209(1), (2)). | A person who files a sworn petition (§§ 40-15-102, 40-15-201(1)). |
| First stage | 72 hours or until the first court appearance (§ 45-5-209(4)). | A temporary order, issued without notice for up to 20 days (§ 40-15-201(4)). |
| Next stage | The judge reviews it at the first appearance and can issue a new one at any later appearance, including sentencing (§ 45-5-209(6), (7)). | A hearing within 20 days of the temporary order (§ 40-15-202(1)). |
| How long it can last | The statute gives no fixed end date for an order issued in court. The written order controls. | An appropriate time set by the court, or permanently (§ 40-15-204(1), (5)). |
| Violation | Up to $500, up to 6 months in county jail, or both. Each contact is a separate offense (§ 45-5-209(8)). | First offense: up to $500, up to 6 months, or both. Higher for a second and a third (§ 45-5-626(3)). |
The Criminal No Contact Order
MCA § 45-5-209 lets a court issue a standing no contact order and direct law enforcement to serve it on anyone charged with or arrested for PFMA. It also applies to aggravated assault, assault with a weapon, and strangulation when the alleged victim is a partner or family member. The officer gives notice orally and in writing. That first order is effective for 72 hours or until the first appearance. Our page on the 72-hour no contact order covers the required wording.
At the first appearance the judge must review the order and amend it if appropriate. From then on, no contact is usually a condition of release under MCA § 46-9-108(1)(e), and a new order can be issued at any appearance, including sentencing. The order can bar contact in person, through a third party, by phone, by electronic communication, and in writing, and can keep you up to 1,500 feet from the protected person's location. See what counts as contact.
The Civil Order of Protection
An order of protection starts with a petition. A person may file if they are in reasonable apprehension of bodily injury by a partner or family member, or are the victim of one of a list of offenses committed by a partner or family member (MCA § 40-15-102(1)). Victims of some offenses, including stalking and sexual assault, may file whatever their relationship to the respondent. There is no cost to file or to have the order served (MCA § 40-15-204(8)).
A judge can issue a temporary order of protection on the petition alone, before you know about it. A hearing must then be held within 20 days. At the hearing the judge decides whether to continue, amend, or make the order permanent. If you have just been served, start with responding to an order of protection.
What Each Order Can Reach
A no contact order is about contact and distance. An order of protection can do more. Under MCA § 40-15-201(2) it can remove the respondent from the petitioner's residence regardless of who owns it, transfer use of a home, vehicle, and essential personal property, bar the respondent from possessing or using the firearm used in the assault, restrict disposing of property, and require counseling. A final order can also restrain contact with a minor family member (MCA § 40-15-204(4)).
Both kinds of order raise the same practical problems: getting your belongings, where you can live, and how you see your children. Federal firearm law can also apply to a person who is subject to some orders of protection (18 U.S.C. § 922(g)(8)).
Violations Are Separate Crimes
Violating a no contact order is punishable by a fine of up to $500, up to 6 months in county jail, or both, and each contact or attempt with each protected person is a separate offense (MCA § 45-5-209(8)). Violating an order of protection carries the same maximum for a first offense. A second carries a $200 to $500 fine and 24 hours to 6 months in jail, and a third or later offense carries a $500 to $2,000 fine and 10 days to 2 years (MCA § 45-5-626(3)).
Neither statute allows consent as an excuse. The no contact order statute says so directly, and every order of protection must state that the respondent is forbidden to do any listed act "even if invited by the petitioner or another person" (MCA § 40-15-204(9)). Read if the protected person contacts you before you answer a call or text.
Changing or Ending Each Order
Only a judge changes either order, and each has its own route. A no contact order is changed by the criminal court, on a motion in the criminal case. See changing or lifting a no contact order. An order of protection is changed by the civil court that issued it or by a court that reviews it on appeal. See modifying or ending an order of protection.
Orders also travel. Montana enforces protection orders from other states and from tribal courts, and other states enforce Montana's. Our page on out-of-state and tribal orders covers the rules.
If You Are Under Either Order
Follow the order exactly as written, even if you believe it is wrong or the other person wants contact. Let a lawyer handle any communication that has to happen. If you are the person who needs protection, or anyone is in danger, call 911. The National Domestic Violence Hotline is 1-800-799-7233.
This page explains Montana law in general as of the 2025 Montana Code Annotated. It is not legal advice about your specific case.