Justice Court - Orders of Protection
Orders of Protection
These documents are known by several names including restraining orders, TRO's, and TOP's. The purpose of an order of protection is to promote the safety and protection of victims of partner and family member assault, victims of sexual assault, and victims of stalking.
The person requesting the order of protection is known as the Petitioner. The person the order is against is known as the Respondent. A petitioner may be eligible for an order of protection if he/she has reasonable apprehension of bodily injury or is the victim of an assault, intimidation, stalking, etc.
The first course of action in obtaining an order of protection is for the petitioner to contact the City/County Crime Victim Advocate (CVA) (CVA’s website here). The CVA is located at 317 Woody St. Missoula, MT 59802. Their phone number is 258-3830 or toll free 866-921-6995. These advocates will be able to properly advise the petitioner and assist in preparation in of the necessary forms. The advocates will also assist in arranging an appointment with the appropriate judge/justice of the peace.
It must be made clear that an order of protection is not an "iron curtain" of protection for the petitioner. It does serve to allow the courts to take criminal action against a respondent if violations of the order occur.
More information about Orders of Protection can be found at the Montana Department of Justice Web Site.