Orders of Protection
by: The Friendship Center of Helena
What is an Order of Protection?
An order of protection is a court order, signed by a judge, that prohibits the person who has harmed you or threatened to harm you, from having further contact with you. There is no requirement that the abuse be reported to law enforcement. There is no filing fee for orders of protection.
Who is eligible for an Order of Protection?
You can petition for an order of protection if the person abusing you, or threatening to abuse you, is a family member, intimate partner or former intimate partner. There is no relationship requirement for victims of sexual assault, incest or stalking.
Where do I file for an Order of Protection?
An order can be filed in city, justice or district court.If you and the respondent have any court actions filed in district court (i.e. divorce and/or custody action), the order must be filed in district court.
How can I file for an Order of Protection?
- Order of Protection forms are available in the city, justice and district court offices. Your local domestic violence program also should have Order of Protection forms and a trained legal advocate available to assist you in completing the necessary paperwork. The advocate can also accompany you to court to file your order of protection and can attend the hearing with you, to make the order permanent.
- Once you have completed the form, take it to the appropriate clerk's office, along with your picture I.D.
- The judge will review the form and decide if you qualify for a temporary order.
- Once the order is granted, you will be asked to sign the forms and be given your copy of the temporary order. Keep this copy with you at all times! If your children are included on the order, their school, daycare, etc. also needs to have a copy of the order.
- The judge will set a hearing date within 20 days to determine whether or not a permanent order will be granted. You, the petitioner, must attend the hearing if you want the order to continue for 1 year. If you do not attend, the order will be dismissed.
- The judge will provide law enforcement a copy of the order to be served on the abuser. The order is not in effect until it has been served. You can call your local sheriff's office to determine if the Order has been served. In Lewis and Clark County, call 447-8219 or 442-7883 to find out if an order has been served.
What if I move to another county or state? If I have an Order of Protection from another state, will it be enforced in Montana?
According to Federal law, a valid order should be enforced anywhere in the United States. If you move, contact the local domestic violence program or law enforcement agency in the area to learn how to have "foreign" order enforced. If you have recently moved to Lewis and Clark County and have an order from another county or state, please file the order with the Clerk of Court's office.
What happens if an Order of Protection is violated?
You should call local law enforcement immediately, to report the violation. The offender may be arrested, and may not be released from jail until there is a hearing before a judge. It is also suggested that you keep a log of all violations and/or suspected violations. This log may be used to show a pattern of behavior that may be helpful in the future prosecution of the offender.
Do I need to have an Attorney?
You do not need an attorney to file for or obtain an Order of Protection. If you are trying to protect your children as well as yourself and think that the respondent will have an attorney or think that your request is particularly complicated, you should consult with an attorney about your Order of Protection either before you file or before your hearing. The Montana Legal Services Association (406-442-9830) provides free legal assistance on Orders of Protection for financially eligible individuals.
Safety Planning
An order of protection is only one part of a safety plan-no one thing can guarantee your safety at all times. Here are some other things you can do to help you stay safe:
- Trust your instincts-if something doesn't feel right, it probably isn't.
- Obtain an order of protection.
- Report all violations of your order of protection to law enforcement.
- Change locks on doors and assess outdoor lighting around your house.
- Create an escape plan from your home.
- Teach your children to call 911.
- Devise a code word for danger-share with children, family, friends, neighbors and co-workers.
- Alert trustworthy neighbors about your situation.
- Have a safety plan for necessary communication with your abuser.
- Keep your vehicle locked at all times.
- Alert your employer of your situation and provide them with a copy of your order of protection.
- Avoid places where your abuser goes.
- Keep an emergency bag packed with: clothing, money, emergency phone numbers, credit card, toys for children and prescription medications.
What can the Friendship Center do for you?
All of these services are provided at no charge:
- Emergency Safe Shelter
- Long-Term Transitional Shelter
- Case Management Services for Shelter Residents
- 24-hour Domestic Violence and Rape Crisis Hotline
- Domestic Violence and Sexual Assault Support Groups for Adult Women
- Children's Program and Groups
- Legal Advocacy Program
- Order of Protection Assistance
- Crisis Intervention
- Referrals to Community Resources
- Community Education and Outreach
Revised 06/02
The cost of creating and printing this brochure has been generously donated by Verizon Wireless.
The Friendship Center of Helena
Victim Advocacy Program
1503 Gallatin Street
Helena, Montana 59601
(406) 442-6800
(800) 248-3166
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