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Montana Protective Orders Laws
More Information on Protective Order Laws
| Code Section | 40-4-121 to 125; 40-15-101, et seq. Temporar y order during dissolutio n of marriage only; 45-5-626 |
| Activity Addressed by Order | Enjoin contact; exclude from dwelling, school, and employment of petitioner; counseling; regarding minors: enjoin contact; prohibition from possession of a firearm; during dissolution, includes temporary maintenance and support; limiting use of property |
| Duration of Order | Temporary: maximum 20 days; during dissolution: maximum 1 year, may be modified |
| Penalty for a Violation of Order | Fine: maximum $500 and/or jail maximum 6 months. If 2nd conviction: fine, minimum $200 and maximum $500 and/or jail, minimum 24 hours and maximum 6 months. If 3rd or subsequent offense: fine, minimum $500 and maximum $2,000 and jail, minimum 10 days and maximum 2 years |
| Who May Apply for Order | Victim or regarding minors: parent, guardian ad litem or other representative |
| Can Fees Be Waived? | May be if inability-topay-filingfees order form submitted |
| Order Transmission to Law Enforcement | Copy mailed, within 24 hours of receiving proof of service, to the appropriate law enforcement agency |
| Civil Liability for Violation of Order | - |
Note: State laws are constantly changing -- contact an attorney or conduct your own legal research to verify the state law(s) you are researching.
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