Montana Domestic Violence Guide

Responding to an Order of Protection in Montana

You have been served. The order is already in force, the hearing is close, and what you do in the next few days matters in more than one case.

Written by

Ashley Hurlbert, Partner, A&M Law

Licensed Montana attorney and co-founder of A&M Law. 18 years of experience as lead counsel in 50+ jury and bench trials. A Certified Mediator and Certified Guardian ad Litem focusing on family law, criminal defense, and DUI defense.

18 yearsReviewed by Misty GaubatzLast reviewed: October 1, 2026

If you have been served with a Montana order of protection, three things are true at once. The order binds you now. A hearing will be held within 20 days of the date the temporary order was issued. And anything you say at that hearing can follow you into a criminal case. This page covers the deadlines and the choices, and is part of our Montana Domestic Violence Guide.

First, Read What You Were Served

Find these on the papers: the name of the court, the hearing date and time, every person the order protects, each thing you are prohibited from doing, and any distance in feet. An order can also require you to leave a residence, give up use of a vehicle or other property, and stop possessing the firearm used in the alleged assault (MCA § 40-15-201(2)). The full list is on our temporary order of protection page.

The order takes effect before you have been heard. Violating it with knowledge of it is a criminal offense, and a court may infer knowledge once you have been served (MCA § 45-5-626(1)).

The Deadlines

The hearing: within 20 days from the date the court issued the temporary order (MCA § 40-15-202(1)).
A continuance: either party may ask to move the hearing for good cause. If it is moved, the temporary order stays in effect until the hearing happens.
An emergency hearing: a respondent with an urgent need can file an affidavit, and the hearing must be set within 3 working days of that filing (MCA § 40-15-202(2)).
If a divorce or parenting case is pending: the district court handling it may hold the hearing within 45 days if it cannot do so within 20 (MCA § 40-15-301(2), (3)).

Put the date in your calendar and plan to be there early. If you do not attend, the judge decides with only the petitioner's evidence.

What to Do Before the Hearing

Comply completely. Move out if the order says so. Stay the stated distance away.
Talk to a lawyer quickly. If you have a criminal case, make sure your defense lawyer knows about the petition.
Gather your records. Messages, call logs, photographs, and the names of people who saw relevant events. Keep everything in its original form. See preserving evidence for your defense.
List what you need from the court. Essential belongings, a vehicle for work, a workable arrangement for children. The judge can address these at the hearing. See getting your belongings from home.
Read the petition carefully. It tells you what the judge has been told, and it is what you will be responding to.

What Not to Do

Do not contact the petitioner or anyone else the order protects, for any reason, including to apologize or explain.
Do not ask friends, relatives, or your children to carry messages or to persuade the petitioner to withdraw the petition.
Do not post about the petitioner or the case online.
Do not delete messages, photos, or accounts.
Do not skip the hearing because you think the petition is baseless or because the petitioner has told someone they will not appear.

Pressure on a petitioner or witness, even indirect, can become a separate criminal matter. See witness tampering and contacting the accuser.

When a Criminal Case Is Also Pending

The two cases are separate. The petitioner did not need charges to be filed to petition (MCA § 40-15-102(6)), and the order of protection must note any other civil or criminal action pending between the parties (MCA § 40-15-204(6)). You may also be under a criminal no contact order at the same time.

The risk for a respondent is that the civil hearing comes first. It is on the record, the testimony is sworn, and the events are the same ones the prosecutor has to prove. What you say can be used in the criminal case, and what the petitioner says is also on the record.

Your Right to Remain Silent in a Civil Hearing

The privilege against self-incrimination is not limited to criminal trials. The U.S. Supreme Court has described it as also protecting a person from having to answer official questions in any other proceeding, civil or criminal, where the answers might incriminate the person in a future criminal case (Baxter v. Palmigiano, 425 U.S. 308 (1976)).

There is a cost to using it in a civil case. In the same decision the Court said the Fifth Amendment does not forbid adverse inferences against parties to civil actions when they refuse to testify in response to probative evidence offered against them (425 U.S. at 318). The Court contrasted criminal cases, where the judge and prosecutor may not suggest to the jury that a defendant's silence is evidence of guilt. A civil judge may be permitted to weigh it.

So a respondent with a pending charge faces a real choice: testify and create a sworn record, or decline and risk the civil order. Options to discuss with a lawyer include asking for a continuance for good cause, presenting your side through other witnesses and documents, or limiting what the hearing covers. Which is right depends on the facts of both cases.

After the Hearing

If the judge continues the order, get the written order and read the new terms and its length. A final order can also bring federal firearm restrictions under 18 U.S.C. § 922(g)(8), depending on its terms. For what happens in the courtroom, see the order of protection hearing, and for appeals and later changes, modifying or ending an order of protection.

This page explains Montana law in general as of the 2025 Montana Code Annotated. It is not legal advice about your specific case.

Montana Domestic Violence Guide Domestic Violence Defense Modifying or Ending an Order of Protection Out-of-State and Tribal Orders No Contact Order vs. Order of Protection The 72-Hour No Contact Order

FAQ

Responding to an Order of Protection in Montana FAQ

How long do I have to respond to an order of protection in Montana?

The key date is the hearing, which must be held within 20 days from the date the court issued the temporary order (MCA § 40-15-202(1)). The date and time are normally printed on the order. Because the clock starts when the order is issued, you may have less than 20 days after you are served.

Do I have to file a written answer before the hearing?

The order of protection chapter sets a hearing date and does not itself require a written response from the respondent. Read the papers you were served for any instruction from the court, and ask a lawyer whether a written response or exhibits should be filed in your court.

Can I call the petitioner to work this out?

No. A typical order prohibits contacting or communicating with the petitioner, directly or indirectly, and the order must state that you are forbidden to do the listed acts even if invited (MCA §§ 40-15-201(2)(b), 40-15-204(9)). Any discussion about resolving the case has to go through lawyers or the court.

Should I testify at the hearing if I also have a criminal charge?

That decision should be made with your criminal defense lawyer before the hearing. Anything you say under oath can be used by the prosecution. You have a right not to incriminate yourself, but the choice to stay silent can have a cost in the civil case.

Can I ask for my own order of protection against the petitioner?

A judge cannot make the existing order mutual. If you believe you qualify, you would have to file your own petition and follow the same procedure (MCA § 40-15-202(3)). Get advice before you do, because a petition is a sworn statement and is judged on its own facts.

Served With an Order of Protection?

Ashley Hurlbert handles both criminal defense and family law matters, so one lawyer can look at both sides of the problem. Call 406-830-3060 for a confidential consultation.

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