Statutes | 40-15-102, MCA | 2018
(1) A person may file a petition for an order of protection if:
(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
(b) the petitioner is a victim of one of the following offenses committed by a partner or family member:
(i) assault as defined in 45-5-201
(ii) aggravated assault as defined in 45-5-202
(iii) intimidation as defined in 45-5-203
(iv) partner or family member assault as defined in 45-5-206
(v) criminal endangerment as defined in 45-5-207
(vi) negligent endangerment as defined in 45-5-208
(vii) assault on a minor as defined in 45-5-212
(viii) assault with a weapon as defined in 45-5-213
(ix) strangulation of a partner or family member as defined in [section 1]
(x) unlawful restraint as defined in 45-5-301
(xi) kidnapping as defined in 45-5-302
(xii) aggravated kidnapping as defined in 45-5-303 or
(xiii) arson as defined in 45-6-103.
(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:
(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, or sexual intercourse without consent as defined in 45-5-503 or
(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.
(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.
(4) 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.
(5) A petitioner is eligible for an order of protection whether or not:
(a) the petitioner reports the abuse to law enforcement
(b) charges are filed or
(c) the petitioner participates in a criminal prosecution.
(6) 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.