Question 1

What protections does an OOP offer?

Accepted Answer

In an OOP, you can ask the judge to order a person:
Not to hurt you
Not to harass or otherwise disturb you (and/or your children)
Not to contact you in any way, such as in-person, through third parties, through writing, by email, on social media, by telephone, etc.
To stay a specific distance from you or specific locations like your house and/or your work, as well as your child’s daycare and/or school
To leave the home that you are both living in
To allow you access to your personal property
Not to possess certain weapons
To temporarily get supervised visits for your children or set a temporary visitation schedule

Important: An Order of Protection cannot take the place of a Parenting Plan.

Question 2

What is the difference between a No Contact Order and an OOP?

Accepted Answer

The victim has little to no say over a no contact order. No contact orders are ordered by a judge as a part of a criminal prosecution and often do not include family members.
It is okay to have a no contact order and an OOP in place at the same time.
An OOP gives you more say over what is included, and it may also last longer than a no contact order.
The consequences of violating an OOP are stronger than violating a no contact order.

Question 3

Who is eligible for an OOP?

Accepted Answer

OOPs can be placed on a:
Family member
Current or former intimate partner

You can also ask for an OOP if someone:
Is stalking you
Has sexually assaulted you
Has assaulted you or a family member

You don't need to have had an intimate relationship with a person to get an OOP against them.

To qualify for an OOP, you’ll need to show the judge that you are in reasonable fear of bodily harm. Another way to say this is that someone else in your situation would also be scared for their safety.

Physical abuse isn’t necessary to be afraid for your safety. A person might act or do things in a specific way to make you fearful. This could include threats or threatening actions.

Question 4

Where do I file an OOP?

Accepted Answer

Given the many jurisdictions available, a Friendship Center advocate can help you figure out where to file. The clerk at the courthouse can also provide information about the forms and where to file based on your situation and/or where you live.

Montana Law Help has a fillable form that should be accepted by any court.

Question 5

Is there a cost to file an OOP?

Accepted Answer

No. Under Montana law, there is no cost to file a petition for an order of protection.

Question 6

What happens after I file and OOP?

Accepted Answer

If the court grants your petition, they will put a temporary order of protection in place and then schedule a hearing which is typically supposed to be held within 20 days.

You will need to attend the hearing and be prepared to speak to the judge. You can present witnesses who directly witnessed the harm that occurred.

The person who you are filing the OOP against will receive a copy of everything you file including your written statement, and they can attend the hearing to tell their side of the story and ask questions of you and any witnesses you have in court.

The judge will decide whether to keep the order of protection in place and for how long.

Question 7

Where can I get help and more information?

Accepted Answer

Order of Protection Frequently Asked Questions (Montana Law Help)
How to Represent Yourself in an Order of Protection Hearing in Montana (Montana Legal Services Association)
What to Know Before You Go to Court (TFC Blog)

Question 8

What should I include in a written statement if I petition for an OOP?

Accepted Answer

If possible, type the statement on a computer. This will make editing easier. Computers are available for client use at The Friendship Center. Use 12pt Arial font with 1.5 spacing and no underlines. You can bold any parts of the statement that are particularly concerning, like specific incidents of violence.

Don’t minimize your harm or blame yourself.

Focus on your fear by sharing the threats to you and your safety and/or actual physical harm that have occurred. It can be helpful to use the prompt, “Without this order of protection, this is what I am afraid will happen.”

Start with the most recent incident. Remember to say who abused you. Say who was there to see the abuse. It’s okay if nobody was present to see it.

Always use specific dates and quotes whenever possible. Try to remember the date, day of the week, and/or time it happened. If it happened around a holiday or special event, use that to establish the time.

For example, “On August 14, John told me in a voicemail message, ‘If I can’t have you, no one will.’ and ‘You’re going to be sorry.’ He was screaming, calling me degrading names and said he’d ‘make [my current boyfriend] pay.’”

If you can’t remember an exact date or time an incident of abuse occurred, give your best estimate. For example, “In late summer of 2014…” or “Sometime during the second week of August…”

Don’t worry if you cannot remember every detail—that is normal for traumatic experiences. You can say in your OOP if you are having trouble remembering details because of trauma.

Note the frequency of incidents. Instead of saying, “He is always calling me and always yelling.” say, “He calls me at least 20 times a day and I have received over 150 text messages from him since April 9. When we were together, he yelled at me daily, calling me degrading names (i.e., whore, stupid bitch) in a threatening and aggressive tone.”

Describe exactly what the acts of violence were. Talk about how the person abused you. Be specific about details that you can remember, including where it happened.

For example, say the specific room you were in when the incident happened. If the person hit you, say where they hit you on your body. If the person threatened you, say what they said and what they were doing when they threatened you, and how that made you feel.

Instead of saying, “He is abusive.” say, “At least once a week throughout our five-year relationship, John becomes enraged, and his yelling escalates into physical violence. On May 22, he hit me across my face and caused my nose to bleed. He then grabbed me by my shoulders and shoved me into a wall, bruising my arms in the process. He was yelling at me, calling me a ‘cheating whore’ and other names. I was terrified that he was going to kill me.”

It is important to be as specific and clear as possible to show the judge what the situation is and why protection is necessary. Show that there has been a pattern of abuse and that you’re experiencing fear.

You can write how you felt both physically and emotionally. For example, if you were scared for your life, you can describe that. You can also describe the physical pain.

Try to avoid unnecessary backstory that does not help the judge understand the pattern of abuse. It is more important to describe the actual acts of violence than why the abuse occurred (what started the argument, for example, or other unpleasant behaviors from the abuser).

Protection orders can be used to give a parent temporary care and custody of minors when there is a safety concern, but they cannot be used as a replacement for a parenting plan. If custody or visitation issues are involved, it would be best to pursue a parenting plan.

(You can visit Montana Legal Services Association and Montana Law Help for more information about and assistance with parenting plans.)

Schedule an appointment with a Friendship Center advocate if you would like help reviewing your statement before filing. Advocates can also help you prepare for what to expect, and attend court with you for support.

Question 9

Do I need legal representation to file an OOP?

Accepted Answer

No. You can represent yourself at the hearing, but you also don't have to attend your hearing alone. An advocate from The Friendship Center can accompany you if you'd like the support and we also partner with a number of attorneys in our community who volunteer their time to represent survivors at Order of Protection hearings.

Courtrooms can be intimidating, and any stress you might be experiencing over your own safety concerns can make the process overwhelming. A lawyer may be able to help at no cost to you, and we can help get you connected to free assistance.

Question 10

What if my OOP is violated?

Accepted Answer

Violation of an OOP is a criminal offense, which is why having one in place can make it easier for law enforcement to take action. If your abuser violates the OOP, you can call 911 and report it to law enforcement.

This can be a stressful and emotional situation to be in. A Friendship Center advocate can help provide support and safety planning.

Question 11

What is a Hope Card and how can I get one?

Accepted Answer

People who have Permanent Orders of Protection can request a free Hope Card from Montana Department of Justice’s Office of Victim Services. A Hope Card can be a convenient way to keep relevant information about your order on you at all times in case of a violation.

The Hope Card is small and durable, and can be easily carried in a wallet, pocket, or purse. They contain information about a person restrained under a permanent order (called the respondent), and any children or other individuals who are protected. The Hope Card can be used to quickly inform law enforcement that there is a valid, permanent OOP.

Visit the Montana Office of Victim Services page for Hope Cards to learn more about the features of the card, and how to apply for one online or by mail.

Sample front and back of a Hope Card

Question 12

What information will the person I'm filing against get? Can I protect my address/es?

Accepted Answer

They will receive a copy of your petition and your written statement. However, if you're concerned about the respondent knowing personal information on your petition like your phone number, place of employment, home address, etc., you can request that this information be kept confidential. If you do, only the court will have access to this information. You can even request confidentiality for locations you want to list as protected locations. An advocate at The Friendship Center can help you fill out your form to make sure you're protecting any information you only want the court to have access to.

More Address Confidentiality Resources

If you're concerned about your abuser knowing your address, you may also be eligible for the Address Confidentiality Program (ACP) through the Montana Office of Victim Services. ACP can provide a designated address for victims who have moved to a new Montana location unknown to their abuser, and can also provide free first-class confidential mail forwarding service to program participants.

ACP is for Montana residents who've been the victim of partner or family member assault, sexual assault, stalking, human trafficking, or are eligible to apply for an OOP.

Visit the Montana Office of Victim Services page for the Address Confidentiality Program to learn more about program eligibility, how to apply, and where to find an advocate for help with your application if you're outside The Friendship Center's service area.

ORDERS OF PROTECTION

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