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Montana law

Domestic Violence Laws in Montana.

Montana's Order of Protection Act authorizes Temporary and Permanent Orders of Protection for victims of partner or family member abuse, stalking, sexual assault, and similar conduct. Temporary orders issue ex parte with immediate effect lasting 20 days; permanent orders last up to a lifetime depending on circumstances. Montana criminalizes Partner or Family Member Assault (PFMA) as a separate offense with escalating penalties. Federal firearm dispossession under 18 U.S.C. § 922(g)(8) applies.

Last verified: 2026-04-17

State law

Key Montana Statutes

Order of Protection ActMont. Code Ann. § 40-15-101 et seq.

Authorizes Temporary (20-day ex parte) and Permanent (after hearing) Orders of Protection for victims of partner/family member abuse, stalking, sexual assault, aggravated assault, and similar conduct. Permanent orders may last indefinitely.

Partner or Family Member Assault (PFMA)Mont. Code Ann. § 45-5-206

Criminal statute. First offense: misdemeanor (up to 1 year jail and $1,000 fine). Second offense within specified period: higher penalties. Third offense: felony (up to 5 years state prison, $10,000 fine).

StalkingMont. Code Ann. § 45-5-220

First offense: misdemeanor; subsequent offenses: felony. Stalking that violates an Order of Protection is enhanced.

Crime Victim CompensationMont. Code Ann. § 53-9-104

Montana's Crime Victim Compensation Program reimburses victims for medical, counseling, and economic losses. Application within 1 year (extendable).

State law

Official Sources

Not Legal Advice

This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in Montana.

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