Domestic violence is a particularly pervasive problem because it can go on regularly within the four walls of the home, which is supposed to be a safe haven from all the dangers of the outside world.  Each state has its own remedies and methods for obtaining a solution; however, there is a similar general process that most states follow when dealing with issues of domestic violence. 

Domestic Violence Order of Protection

Montana law defines domestic violence as assault, intimidation, endangerment, unlawful restraint, kidnapping, arson, stalking, and sexual crimes committed by a partner or family member.  The court will examine the relationship between you and the alleged abuser and make a determination as to whether or not your is to be considered domestic violence.

Montana law provides for a domestic violence order of protection for victims of domestic abuse.  There are two types of orders – a temporary order of protection and a written order of protection.  A temporary order, which lasts 20 days, may be given to you on the day you file your Petition for an Order of Protection if the judge believes you are in imminent danger.  A written order of protection cannot be issued until the alleged abuser is given a chance to tell his or her side of the story.  The temporary order of protection will be issued for the length of time that you have to wait until your hearing.

After you file your Petition for an Order of Protection, you will be given a hearing date, and the court will serve your alleged abuser with the appropriate paperwork that will notify him or her of the hearing date.  After you and your alleged abuser are each provided with a chance to give your respective sides of the story, the judge will decide whether or not to issue a written order of protection.  If your petition is granted, it will run anywhere up to one year, though you may apply for a renewal which may be granted subsequent to a hearing.

If, after your hearing, you are granted a domestic violence order of protection, it is likely to do the following things: order the abuser not hurt, threaten to hurt, or harass any family members; order the abuser to leave and stay away from your home, work, or other place you frequently visit; give you possession of personal property that is essential to you no matter who owns it; award custody of your minor children to you; order visitation of your minor children between parents; prevent the abuser from having contact with any children; give you child support payments; and anything else necessary to prevent further abuse.

Finding Domestic Violence Resources

The National Domestic Violence Hotline can be reached at 1-800-799-7233 and is operational 24 hours a day, 7 days a week, and in more than 100 languages.  It can help you find nearby domestic violence shelters, emergency shelters, legal help, and social service programs.

The Feminist Majority Foundation has put together a database of national organizations that can help victims of domestic violence get relief from their abuser. 

Resources for residents of Montana who have been victims of domestic violence can be found here.