A temporary order of protection is a short-term civil court order that a Montana judge can issue on one person's sworn petition, without notice to the other person, for up to 20 days. A hearing on whether to continue it must follow within 20 days. The rules are in Title 40, chapter 15 of the Montana Code. This page is part of our Montana Domestic Violence Guide.

If you are in danger, call 911. The National Domestic Violence Hotline is 1-800-799-7233.

Who May Petition

Under MCA § 40-15-102(1), a person may file if:

  • the person is in reasonable apprehension of bodily injury by a partner or family member, as those terms are defined in the PFMA statute; or
  • the person is a victim of a listed offense committed by a partner or family member. The list includes assault, aggravated assault, intimidation, partner or family member assault, criminal endangerment, negligent endangerment, assault on a minor, assault with a weapon, strangulation of a partner or family member, unlawful restraint, kidnapping, aggravated kidnapping, and arson.

Some people may petition regardless of their relationship to the respondent, including victims of assault, stalking, sexual assault, and sexual intercourse without consent (MCA § 40-15-102(2)). A parent or guardian ad litem can file on behalf of a minor, and a guardian, conservator, or agent can file for certain adults (MCA § 40-15-102(3), (4)). For who is a partner or family member, see who counts as a partner or family member.

What the Petition Must Show

The petition is sworn. It must state that the petitioner is in reasonable apprehension of bodily injury or is a victim of a listed offense, has the required relationship to the respondent if one is required, and "is in danger of harm if the court does not issue a temporary order of protection immediately" (MCA § 40-15-201(1)).

The judge reviews the petition. On a finding that the petitioner is in danger of harm if the court does not act immediately, the court "shall issue" a temporary order granting appropriate relief (MCA § 40-15-201(2)). At this stage the judge has usually heard one side only.

Where It Can Be Filed

District courts, justice courts, municipal courts, and city courts all have jurisdiction (MCA § 40-15-301(1)). The petition may be filed in the county where the petitioner lives now or is staying temporarily, where the respondent lives, or where the abuse occurred, and there is no minimum residency period (MCA § 40-15-301(4)). When a divorce or parenting case between the same people is already pending in district court, the statute generally routes the petition to that court (MCA § 40-15-301(2)).

What a Temporary Order Can Require

The list in MCA § 40-15-201(2) is long. A temporary order may:

  • prohibit threats or acts of violence against the petitioner and designated family members;
  • prohibit harassing, telephoning, contacting, or otherwise communicating, directly or indirectly, with the petitioner, named family members, another victim, or a witness;
  • prohibit removing a child from the court's jurisdiction;
  • direct the respondent to stay 1,500 feet or another appropriate distance from the petitioner, the petitioner's residence, school, or workplace, or another specified place;
  • remove and exclude the respondent from the petitioner's residence, regardless of who owns it;
  • prohibit possessing or using the firearm used in the assault;
  • restrict transferring or disposing of property;
  • transfer possession and use of the residence, an automobile, and essential personal property, with an officer present;
  • direct the respondent to complete violence counseling; and
  • order other relief needed for the safety and welfare of the petitioner or a designated family member.

For the property terms, see getting your belongings from home. For firearms, including federal law, see orders of protection and guns.

How Long It Lasts

An order issued without notice can run for up to 20 days (MCA § 40-15-201(4)). A hearing must be conducted within 20 days from the date the court issues the temporary order. If the hearing is continued, at either side's request for good cause or by the court, the temporary order stays in effect until the hearing is held (MCA § 40-15-202(1)). So a temporary order can last longer than 20 days when a hearing is postponed.

What happens at that hearing is covered on our page about the order of protection hearing.

Service and Knowledge of the Order

Chapter 15 does not lay out its own service procedure. It does say that service costs nothing, and that after the court receives proof of service it sends the order to law enforcement, which enters it in the national crime information center database within 24 hours of receipt (MCA § 40-15-303(1)).

For criminal purposes, the question is knowledge. A violation requires that the person acted "with knowledge of the order." Knowledge may be inferred if the person had been served, and service is not required if the State shows the person knew of the order and its content (MCA § 45-5-626(1)). If you learn that an order exists, treat it as binding and get a copy from the court.

If You Are the Respondent

A temporary order is not a finding that the petition is true. It is also fully enforceable from the start. Every order must carry a notice that violating it is a criminal offense (MCA §§ 40-15-201(5), 40-15-204(9)). Follow each term, do not contact the petitioner about the petition, and use the time before the hearing to prepare. Our page on responding to an order of protection walks through the steps, and no contact order vs. order of protection explains how this order differs from one in a criminal case.

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