Restraining Orders in Montana (2026): Types & Filing

Will a judge believe me?

If you're worried that a Montana judge won't believe your account, it helps to know the process is built around your sworn word first. A judge can issue a Temporary Order of Protection the same day based on your affidavit alone, before the other person even knows a petition was filed. Being specific — dates, what was said or done, how you and any children were affected — makes your account easier to act on quickly. Anything else you've kept, like messages or a written timeline, simply reinforces that account when it's time for the full hearing. It also helps to think about safety while your case moves through the court: consider where you'll stay the night you file, let a trusted friend or family member know your plan, and keep a copy of the order somewhere the other person can't reach once it's granted.

Types of protective orders in Montana

Montana courts use the term Order of Protection — you may hear people call it a "restraining order," but Order of Protection is the legally correct name. It comes in two stages:

• Temporary Order of Protection (TOP) — an immediate, short-term order.
• Order of Protection — the longer-term order issued after a hearing, which can last a few months, years, or be permanent depending on the judge's findings.

You can file in Justice Court, City Court, or District Court, depending on your county. If you have a related case open at the same time — like a divorce or custody matter — you generally need to file in District Court.

Emergency / ex parte orders

The Temporary Order of Protection is Montana's ex parte option. A judge reviews your signed affidavit describing what the respondent has done and decides whether to grant a TOP without notifying the other person first. If granted, it takes effect as soon as the respondent is served and stays in effect until the court holds a hearing — which Montana courts should schedule within about 20 days of granting the TOP.

How to file in Montana

Filing steps generally look like this:

• Get the forms from the courthouse, a Self-Help Center, a shelter, or a victim advocate — filing is free and a lawyer is not required.
• Decide where to file: the county where the abuse happened, where you live, or where you fled to for safety.
• Complete and sign the affidavit describing specific incidents, then file it with the Clerk of Court.
• A judge reviews the petition and decides whether to grant a TOP.
• If granted, a sheriff's deputy serves the respondent, and a hearing is set within about 20 days to decide whether the order becomes longer-term.

Once an order is granted, keep a copy with you — in your bag, car, or workplace — and give a copy to your children's school or your employer's security desk if the order names them too. If the other person violates the order, call 911 right away and note the date, time, and exactly what happened; that record can matter if the case comes back before a judge.

What evidence helps

Montana judges can grant a TOP on your affidavit alone, but documentation helps at the full hearing:

• A dated journal of what happened, as close to each incident as possible.
• Saved texts, calls, or messages with visible timestamps.
• Photos of injuries or damage, dated if you can.
• Names of anyone who witnessed an incident or its aftermath.

Keep everything somewhere secure and bring copies to your hearing. Where possible, store digital evidence in more than one place — for example a cloud backup as well as your phone — in case a device is lost, damaged, or taken.