Montana Domestic Violence Guide

The Order of Protection Hearing in Montana

The hearing is the respondent's first real chance to be heard, and it can produce an order that lasts for years or permanently.

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: September 27, 2026

After a temporary order of protection is issued in Montana, the court must hold a hearing within 20 days. At that hearing the judge decides whether good cause exists for the order to be continued, amended, or made permanent (MCA § 40-15-202(1)). Both sides can attend, testify, and present evidence. This page explains what the statute says about the hearing and the order that can come out of it. It is part of our Montana Domestic Violence Guide.

The 20-Day Deadline

The clock runs "from the date that the court issues a temporary order of protection," not from the date you were served. That can leave a respondent with little time. The hearing date is normally on the temporary order itself.

Three provisions can move the date:

Continuance. Either party may ask for one for good cause, or the court may continue the hearing. The temporary order stays in effect in the meantime (MCA § 40-15-202(1)).
Emergency hearing. A respondent may file an affidavit showing an urgent need for an earlier hearing. It must be set within 3 working days of the filing (MCA § 40-15-202(2)).
A pending family case. When the petition is certified to a district court that has a divorce or parenting case between the parties, that court has up to 45 days if it cannot hold the hearing within 20 (MCA § 40-15-301(2), (3)).

What the Judge Decides

The question is whether "good cause exists for the temporary order of protection to be continued, amended, or made permanent" (MCA § 40-15-202(1)). The judge can end the order, keep it with the same terms, change its terms, or extend it.

The statute does not spell out a burden of proof in so many words. The judge works from the eligibility rules in MCA § 40-15-102 (reasonable apprehension of bodily injury by a partner or family member, or a listed offense) and the evidence presented. A petitioner's eligibility does not depend on a police report, charges, or a conviction (MCA § 40-15-102(6)).

Your Right to Be Heard and to Have a Lawyer

The hearing exists so the respondent can be heard. A temporary order may be issued without notice. A longer order follows a hearing. You can testify, call witnesses, offer documents, and question the petitioner's evidence, within the court's rules.

You may be represented by a lawyer. Chapter 15 does not provide for an appointed lawyer in this civil proceeding. Our page on hiring a lawyer for an order of protection hearing covers what representation involves.

If you have a pending criminal charge from the same events, talk to your defense lawyer before you testify. Testimony at this hearing is given under oath. See responding to an order of protection for how the two cases interact.

Evidence at the Hearing

The section is titled "Order of protection, hearing, evidence," but it contains one evidence rule. Evidence concerning a victim's sexual conduct is not admissible, with a narrow exception for past sexual conduct with the offender or specific instances offered to show the origin of semen, pregnancy, or disease, and only if that conduct is at issue. A respondent who proposes to offer such evidence triggers a separate hearing on admissibility (MCA § 40-15-202(4), (5)).

Otherwise the hearing looks like other civil hearings before a judge: sworn testimony, exhibits such as messages and photographs, and argument. See texts, photos, and digital evidence for how that kind of material is handled.

What a Final Order Can Include

An order of protection may include all of the relief available in a temporary order, when appropriate (MCA § 40-15-204(3)). That means no contact terms, a 1,500-foot or other distance, exclusion from the residence, property and vehicle terms, counseling, and a prohibition on possessing or using the firearm used in the assault. The earlier list is on our temporary order of protection page.

A final order can also:

restrain the respondent from contact with a named minor family member, for an appropriate time or permanently if the court finds the minor was a victim of abuse, a witness to abuse, or endangered by the environment of abuse (MCA § 40-15-204(4));
list any other civil or criminal actions pending between the parties, which the order must do (MCA § 40-15-204(6)); and
in district court, address parenting and support, as described in the statutory notice of rights (MCA § 46-6-602).

A term covering children can collide with an existing parenting plan. See order of protection and your parenting plan.

How Long a Final Order Can Last

There is no default term. The order "may continue for an appropriate time period as directed by the court or be made permanent" (MCA § 40-15-204(5)). To make it permanent, the court may consider the respondent's history of violence, the severity of the offense at issue, and the evidence presented at the hearing, and determine that the petitioner needs permanent protection to avoid further injury or harm (MCA § 40-15-204(1)).

Every order must state that a violation is a criminal offense and that the respondent is forbidden to do any listed act "even if invited by the petitioner or another person" (MCA § 40-15-204(9)).

After the Hearing

If an order is entered, read the written order and follow it exactly. A final order issued after a hearing you had notice of and a chance to take part in can also trigger the federal firearm prohibition in 18 U.S.C. § 922(g)(8), depending on its terms. See orders of protection and guns. For appeals and later changes, see 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 Responding to an Order of Protection Modifying or Ending an Order of Protection Out-of-State and Tribal Orders No Contact Order vs. Order of Protection

FAQ

The Order of Protection Hearing in Montana FAQ

How long does an order of protection last in Montana?

The statute does not set a standard length. A final order may continue for an appropriate time period as directed by the court, or the court may make it permanent based on the respondent's history of violence, the severity of the offense, and the evidence at the hearing (MCA § 40-15-204(1), (5)).

What happens if I do not go to the hearing?

The statute requires the court to hold the hearing and decide whether good cause exists to continue the order. If you are not there, the judge will have only the petitioner's evidence to consider. A final order entered after a hearing you had notice of can also carry federal firearm consequences.

Do I get a court-appointed lawyer for an order of protection hearing?

The order of protection chapter does not provide for one. This is a civil case, and you may hire a lawyer to represent you. If you also face criminal charges, a public defender appointed in the criminal case is appointed for that case.

Can the judge enter an order against both of us?

Not in the same order. The order of protection may not be made mutually effective by the court. A respondent can obtain an order against the petitioner only by filing a separate application and following the same procedure (MCA § 40-15-202(3)).

Can the hearing be postponed?

Yes. The hearing date may be continued at the request of either party for good cause, or by the court. The temporary order must remain in effect until the hearing is held (MCA § 40-15-202(1)).

Order of Protection Hearing Coming Up?

Ashley Hurlbert handles both criminal defense and family law matters, which often overlap at this hearing. Call 406-830-3060 for a confidential consultation.

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