{"data":{"id":"us-mt/40-15-102","jurisdiction":"us-mt","citation":"40-15-102","heading":"Eligibility for order of protection.","body":"(1) A person may file a petition for an order of protection if:\n(a) the petitioner is in reasonable apprehension of bodily injury by the petitioner's partner or family member as defined in 45-5-206; or\n(b) the petitioner is a victim of one of the following offenses committed by a partner or family member:\n(i) assault as defined in 45-5-201;\n(ii) aggravated assault as defined in 45-5-202;\n(iii) intimidation as defined in 45-5-203;\n(iv) partner or family member assault as defined in 45-5-206;\n(v) criminal endangerment as defined in 45-5-207;\n(vi) negligent endangerment as defined in 45-5-208;\n(vii) assault on a minor as defined in 45-5-212;\n(viii) assault with a weapon as defined in 45-5-213;\n(ix) strangulation of a partner or family member as defined in 45-5-215;\n(x) unlawful restraint as defined in 45-5-301;\n(xi) kidnapping as defined in 45-5-302;\n(xii) aggravated kidnapping as defined in 45-5-303; or\n(xiii) arson as defined in 45-6-103.\n(2) The following individuals are eligible to file a petition for an order of protection against the offender regardless of the individual's relationship to the offender:\n(a) a victim of assault as defined in 45-5-201, aggravated assault as defined in 45-5-202, assault on a minor as defined in 45-5-212, stalking as defined in 45-5-220, incest as defined in 45-5-507, sexual assault as defined in 45-5-502, sexual intercourse without consent as defined in 45-5-503, sexual abuse of children as defined in 45-5-625, or human trafficking as defined in 45-5-701; or\n(b) a partner or family member of a victim of deliberate homicide as defined in 45-5-102 or mitigated deliberate homicide as defined in 45-5-103.\n(3) A parent, guardian ad litem, or other representative of the petitioner may file a petition for an order of protection on behalf of a minor petitioner against the petitioner's abuser. At its discretion, a court may appoint a guardian ad litem for a minor petitioner.\n(4) The following persons may file a petition for an order of protection on behalf of an adult:\n(a) a guardian appointed pursuant to Title 72, chapter 5, part 3, on behalf of an incapacitated person;\n(b) a conservator appointed pursuant to Title 72, chapter 5, part 4, on behalf of a protected person; or\n(c) an agent on behalf of an incapacitated principal. For the purposes of this subsection (4)(c), \"incapacitated\" has the same meaning as \"incapacitated person\" provided in 72-5-101.\n(5) A guardian must be appointed for a minor respondent when required by Rule 17(c), Montana Rules of Civil Procedure, or by 25-31-602. An order of protection is effective against a respondent regardless of the respondent's age.\n(6) A petitioner is eligible for an order of protection whether or not:\n(a) the petitioner reports the abuse to law enforcement;\n(b) charges are filed; or\n(c) the petitioner participates in a criminal prosecution.\n(7) If a petitioner is otherwise entitled to an order of protection, the length of time between the abusive incident and the petitioner's application for an order of protection is irrelevant.","path":["TITLE 40. FAMILY LAW","CHAPTER 15. PARTNER AND FAMILY MEMBER ASSAULT, SEXUAL ASSAULT, AND STALKING -- VICTIM PROTECTION","Part 1. General Provisions"],"source_url":"https://mca.legmt.gov/bills/mca/title_0400/chapter_0150/part_0010/section_0020/0400-0150-0010-0020.html","current_through":"Montana Code Annotated 2025","vintage":"","retrieved_at":"2026-09-14T04:55:02Z","sha256":"160aad540648a44e8ea300f209bcf77b5184ce5adfb17dabb7160ce53dcaf651","source_id":"us-mt","stale":false,"prev":"us-mt/40-15-101","next":"us-mt/40-15-103"},"notice":"GroundRules: Original legal text. Not legal advice."}