Order of Protection Hearings - Evidence
by: Montana Legal Services Association (MLSA)
Evidence for Petitioners
"Evidence" is what you present in court to prove that the respondent has harmed or may harm you (and/or your child). Evidence can be your statements (called "testimony"), documents, photos, or objects such as torn clothing or a weapon. The following are examples of the types of evidence that can be used to show the judge that you are in danger and need an order of protection.
Your Testimony
You should describe for the judge the reasons why you want the order of protection, including why you are afraid of the respondent. You should include information about incidents when the respondent abused you. If there have been many abusive incidents, you should focus your testimony on the most recent and the most severe.
- Remember to describe each incident by referring to "who, how, when and where".
You can tell the judge about any of the subjects listed below that are applicable to your situation.
- Abuse
- Example: "The respondent and I were in our house on June 1, 2004. He got mad and called me names like "b#@$%" and worse. He shoved me and my head hit the wall and I blacked out. When I woke up, my head was bloody and I had a headache. My child saw it all. I did not go to the hospital because I was afraid to tell anyone what had happened."
- Threats of Abuse
- Example: "I was stopped at the stoplight in my car when he pulled up next to me. When I looked over, he pointed his finger at me like he was pretending it was a gun and he "shot" me."
- Past Protective Orders
- Example: "I had a no contact order against the respondent in Wyoming in 2000. I dismissed the order because respondent promised he would get counseling. He never did and now I know that I need to keep the order of protection until he completes counseling and changes his behavior."
- You should inform the judge of protective orders you have dismissed, explain why, and make it clear that you do not intend to dismiss the protective order you are requesting until you feel sure that you no longer need it.
- Violence Against Others & Animals
- Example: "The respondent beat up his sister in 1998 in Dillon. He punched her and gave her a black eye. He was arrested and convicted of assault. Also, he would play a "game" in front of our son. He would pull the cat's tail until the cat tried to scratch him - then the respondent would punch and kick the cat."
Testimony of Witnesses
You can ask people who have seen or heard the abuse (and/or threats), or saw you after the abuse and/or threats, to testify at the order of protection hearing. The following are examples of people that you may ask to testify:
- Family, Friends, Neighbors, Public
- Medical Providers, Counselors, Dentists
- Police Officers, Victim Advocates
- Teachers, Clergy
Physical Items
You can present physical items as you testify in order to prove that you have been abused (and/or threatened). You should ask the judge to "admit" such items as evidence. Some examples of items that you may present include:
- Physical injuries
- Torn/bloody clothes
- Damaged property
- Police reports
- Medical records
- Photographs
- Bills/Invoices
- Letters, emails
- Voicemail messages
How can I make sure that the judge considers my evidence? The judge will consider the evidence that s/he is allowed to consider based on the law. It is likely that the Respondent (or his attorney) will "object" to some of your evidence. If that happens, don't worry - just be prepared to explain to the judge why you think the evidence should be considered.
For more information on how to present your case in court, see the brochure "Order of Protection Hearings - How to Represent Yourself."
Revised 3/04
Call the MLSA HelpLine for legal assistance:
(800) 666-6899
Montana Legal Services Association
616 Helena Avenue, Suite 100
Helena, Montana 59601
(406) 442-9830
(800) 666-6124
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