In Montana it is a crime to violate an order of protection. The offense is defined in MCA § 45-5-626, and it is charged on its own: the State does not have to prove the conduct that led to the order, only that an order existed, that you knew about it, and that you purposely or knowingly violated one of its provisions. Penalties rise with each conviction, and jail becomes mandatory under the statute at the second offense. This page is part of our Montana Domestic Violence Guide.
What the State Has to Prove
Under MCA § 45-5-626(1), a person commits the offense if the person, "with knowledge of the order, purposely or knowingly violates a provision" of a covered order. That breaks into three parts:
- A covered order. An order of protection under Title 40, chapter 15, or an order provided for in MCA § 40-4-121, which is the statute for temporary orders in a divorce or legal separation.
- Knowledge of the order. Not a general sense that the other person wanted distance, but knowledge of the order itself.
- A purposeful or knowing violation of something the order actually says.
Because the offense is violating "a provision," the text of your order controls. Orders differ. One may bar all contact. Another may set a distance, exclude you from a residence, or allow limited contact about children. Read yours line by line with a lawyer. Our page on what counts as contact covers the terms these orders use.
How Knowledge Is Proved
The statute gives the State two routes. First, "it may be inferred that the defendant had knowledge of an order at the time of an offense if the defendant had been served with the order before the time of the offense." Second, "service of the order is not required upon a showing that the defendant had knowledge of the order and its content."
So not having been handed papers is not automatically a defense. If you have been told an order exists, treat it as in effect until a lawyer confirms otherwise.
Penalties for a First, Second, and Third Offense
| Offense | Fine | Jail or prison | Note |
|---|---|---|---|
| First | Up to $500 | Up to 6 months in county jail | Fine, jail, or both. No minimum. |
| Second | $200 to $500 | 24 hours to 6 months in county jail | The statute requires both a fine and jail. |
| Third or subsequent | $500 to $2,000 | 10 days to 2 years, in county jail or state prison | The statute requires both a fine and imprisonment. |
All three rows come from MCA § 45-5-626(3). The section does not state a time window for counting earlier offenses. For how these sentences work in practice, see order violation penalties.
Only the Respondent Can Be Charged
MCA § 45-5-626(2) is direct: only the respondent under an order of protection may be cited for a violation, and the petitioner may not be. This is why it does not matter, legally, who started a conversation. The order runs one way.
The order itself will say so. Montana requires every order of protection to carry this language: "This order is issued by the court, and the respondent is forbidden to do any act listed in the order, even if invited by the petitioner or another person. This order may be amended only by further order of this court or another court that assumes jurisdiction over this matter" (MCA § 40-15-204(9)). An amendment is effective only after it has been served in writing on the opposing party (MCA § 40-15-204(7)).
If circumstances have changed, the lawful route is a motion to the court. See modifying or ending an order of protection.
Other Charges the Same Conduct Can Bring
A violation can be charged as more than one crime. The stalking statute raises a first offense to a maximum of 5 years in state prison and a $10,000 fine "when the offender violated any order of protection" (MCA § 45-5-220(4)(b)). See stalking charges in Montana.
If there is also a criminal case with its own no contact order, one act of contact can violate both orders. Those are different orders from different courts, with different rules. Our page on no contact orders and orders of protection explains the difference.
One Narrow Exception in the Statute
Section 45-5-626 begins "Except as provided in 50-32-609." That is Montana's Good Samaritan law. It says § 45-5-626 does not apply to a person who, acting in good faith, seeks medical assistance for another person experiencing an actual or reasonably perceived drug-related overdose, or to a person who experiences an overdose and needs medical assistance, if the evidence supporting the arrest, charge, or prosecution was obtained as a result of seeking that assistance (MCA § 50-32-609(1)). It is a narrow protection for a medical emergency and nothing broader.
If You Have Been Cited
Do not contact the protected person to explain or apologize. That can be charged as a new violation. Keep the order, the citation, and anything that shows where you were and what you knew, and take them to a lawyer. A&M Law defends these cases in Western Montana, and Ashley Hurlbert handles both criminal defense and family law matters, which matters when an order of protection and a parenting case overlap.
This page explains Montana law in general as of the 2025 Montana Code Annotated. It is not legal advice about your specific case.