Orders of Protection

Eligibility for orders of protection:

A person may file a petition for an order of protection at any time:

  • Against a partner or family member if there is a reasonable apprehension of bodily injury, or if the person is a survivor of specific crimes committed by a partner or family member including but not limited to: assault, aggravated assault, intimidation, criminal or negligent endangerment, assault with a weapon, unlawful restraint or kidnapping.
  • Against someone other than a partner or family member if the person is a survivor of stalking, incest, sexual assault or sexual intercourse without consent, assault, aggravated assault or assault on a minor by respondent.

The Legal Advocate for HAVEN is only able to assist people who are survivors of domestic violence, sexual abuse, partner or family member abuse, children/minors who have been abused and have a parent or guardian filing an order on their behalf. However, you may still be eligible for an order of protection but would need to research on your own by going to www.montanalawhelp.org or hiring a private attorney. You can get an attorney referral by calling the State Bar Lawyer Referral service at 406-449-6577.

Where to file a petition:

  • Gallatin County Justice Court – Located in the basement level of law & justice center. File in Justice Court if you or the respondent reside in Gallatin county or the abuse occurred in Gallatin County, however if the abuse occurred within the city limits of Bozeman or Belgrade you must file in that jurisdiction. There must not be a pending dissolution of marriage or a pending parenting plan involving you and the respondent that has been filed in a District Court. The person you are filing against must live in Montana other wise you must file in District court.
  • Bozeman Municipal Court – Located in the basement level of law & justice center. File in municipal court if you or the respondent resides within the city limits of Bozeman, or the abuse occurred within the city limits of Bozeman. There must not be a pending dissolution of marriage or a pending parenting plan involving you and the respondent that has been filed in a District Court. The person you are filing against must live in Montana other wise you must file in District court.
  • District Court – Located on the 3rd floor of the law & justice center. File in district court if there is a pending dissolution of marriage between you and the respondent, or a parenting plan involving you and the respondent, if you will be filing dissolution or parenting plans, or if you want to make any changes involving a dissolution of marriage or parenting plan in addition to filing your order of protection. If the person you are filing against lives in a state other than Montana you need to file in District Court.
  • Belgrade City Court – Located at 91 East Central Belgrade. File in Belgrade city court if you or the respondent resides in Belgrade City limits (River Rock and Landmark subdivisions need to be filed in the Gallatin County Justice court), or if the abuse occurred in Belgrade city limits. There must not be a pending dissolution of marriage or a pending parenting plan involving you and the respondent that has been filed in a District Court The person you are filing against must live in Montana other wise you must file in District court.

YOU NEED TO FILE A PETITION IN ONLY ONE OF THE ABOVE LISTED COURTS.

Please take a packet for the appropriate court, read it carefully. If you are not able to complete the petition or have questions, you may try to make an appointment with the legal advocate by calling 582-2038 and leaving a message, or by scheduling online at https://calendly.com/havenadvocate1. If the legal advocate is not available and you have questions, please call the HAVEN crisis line at 586-4111.