Montana § 40-15-102 - Eligibility For Order Of Protection

§ 40-15-102. Eligibility For Order Of Protection

Eligibility for order of protection. (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 45-5-215 ; (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 , sexual intercourse without consent as defined in 45-5-503 , sexual abuse of children as defined in 45-5-625 , or human trafficking as defined in 45-5-701 ; 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) The following persons may file a petition for an order of protection on behalf of an adult: (a) a guardian appointed pursuant to Title 72, chapter 5, part 3, on behalf of an incapacitated person; (b) a conservator appointed pursuant to Title 72, chapter 5, part 4, on behalf of a protected person; or (c) an agent on behalf of an incapacitated principal. For the purposes of this subsection (4)(c), "incapacitated" has the same meaning as "incapacitated person" provided in 72-5-101 . (5) 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. (6) 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. (7) 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.