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.

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.

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.

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

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.

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.

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)

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.

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.

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

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.

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.

A headache that persists or gets worse One pupil (eye) is larger than the other No memory of what happened Extreme drowsiness or difficulty waking up Slurred speech Vision problems Numbness Decreased coordination Repeated vomiting or nausea Shaking or twitching Confusion, restlessness, agitation, or unusual behavior Loss of bladder or bowel control Knocked out, passed out, or lost consciousness Trouble and/or pain moving head or neck Change in voice quality, like hoarseness or raspiness Problems swallowing Difficult or painful breathing Trouble paying attention, remembering things, following conversations, or making plans

See a doctor and tell them you have been hurt in the head or choked. Stay with someone safe for at least three days to watch for some of the signs that you should see a doctor listed above.

Hit you in the face or head? Tried to choke or strangle you? Made you fall and you hit your head? Shaken you severely? Tried to smother you, cut off your airway, or done anything else that made you black out or have trouble breathing?

Animals can participate free of charge for one consecutive month. LCHS and TFC staff will work with the pet’s owner to evaluate the animal’s status every two weeks.

No! If participants have things they want to send with their pet, LCHS is happy to ensure those go with them. However, LCHS is committed to supplying everything needed to care for pet/s in their temporary home.

Nothing! This program is funded through a RedRover Safe Housing grant and free for participants.

Pet owners must be experiencing domestic violence and working with an advocate from The Friendship Center before an animal may participate in the LCHS program. You can always visit our services page to learn more and get in touch with us.

Yes! Once enrolled in the program, participants can reach out to LCHS’s Animal Services Manger to coordinate visits.

Since its inception in 2012, RedRover’s Safe Housing grant program has focused on creating pet-friendly spaces at domestic violence (DV) organizations. These grants have grown and expanded, both in award size and in availability to animal organizations and other offsite options. Creating pet-friendly shelters is core to their DV assistance work. Increasing the number of pet-friendly domestic violence shelters is so important to RedRover that in 2019, they joined forces with Purina to create the Purple Leash Project with the goal of ensuring that 25% of DV shelters in the US are pet-friendly by 2025. As of last year, less than 20% were able to accept pets.

Medical providers, law enforcement, and advocates at The Friendship Center are all mandated reporters for suspected child abuse and neglect. Your safety matters to us, and we want you to be informed so you can make the best choice about what you share with providers, or with our own advocates if you’re a survivor seeking our services. Check out the resources below from Reproductive Health National Training Center that summarize mandatory child abuse reporting in Montana and other states. Mandatory child abuse reporting summary for Montana Child abuse reporting summary by state

Fondling or unwanted sexual touching Forcing anyone to perform sexual acts, such as oral sex or bodily penetration Penetrating anyone’s body (anally, vaginally, or orally) without consent (using objects, hands, or genitals), also known as rape Attempted rape Pestering anyone to say yes to sexual contact or making them feel like it’s not safe to say no

It’s up to you as a survivor to decide if you want medical attention or treatment following an assault. You may feel upset and be in a lot of pain even if you don’t have any physical signs of injury. Or, you may feel okay despite having visible signs of injury. Some common physical signs of sexual assault include inner thigh bruising, arm bruising if you were restrained by the offender, and trauma to the genital area. Some physical signs like bleeding are obvious and might require medical attention. Other physical indicators like pregnancy or a sexually transmitted infection may be detected days or even weeks after the assault. If you were strangled during an assault, you may experience some persistent complications that can be serious but hard to detect. Symptoms of injury following an assault may occur as long as five days or more after the incident. If you decide to seek medical attention, you can do so with your medical provider without getting a forensic exam or making a report to law enforcement. If you would like to get a forensic exam in our tri-county area (Lewis and Clark, Broadwater, and Jefferson counties), you can do so at no cost to you through the Emergency Department at St. Peter's Health in Helena. Forensic Examinations at St. Peter’s All forensic exams at St. Peter’s are conducted by a Sexual Assault Nurse Examiner (SANE) with special training in trauma-informed care and evidence collection. Exams can be performed up to 96 hours after the assault even if you’ve showered, washed your clothing, or combed your hair. These activities can potentially impact evidence but are not prohibitive if you cannot avoid them following an assault. You can have a forensic exam and receive medical treatment at St. Peter’s without reporting to law enforcement, and any evidence collected during a forensic exam can also be saved and stored if you decide to report at a later date (see reporting options section below for more information). To learn more about The Friendship Center's work with the Forensic Nurse Program at St. Peter's to support survivors through the SANE exam process, check out this partner spotlight or visit the webpage for the Forensic Nurse Program at St. Peter's.

Montana differentiates between the crimes of sexual assault and rape. Rape is a specific kind of sexual assault defined as sexual intercourse without consent (SIWOC). Rape convictions generally carry more severe sentences in Montana. Helpful Links Montana definition of sexual assault (45-5-502 MCA) Montana definition of sexual intercourse without consent (45-5-503 MCA)

No. Montana Department of Justice has programs that will pay healthcare providers for forensic rape examinations. The program that will cover the cost will depend on whether you choose to report to law enforcement or not, but you will not have to pay for the examination either way. If you’re in Helena, check out our medical help section above to learn about getting an exam at St. Peter’s at no cost to you. Survivors NOT Making an Immediate Report to Law Enforcement Forensic Rape Examination Payment Program (FREPP) will pay healthcare providers for your hospital visit, treatment related to the assault (such as STI treatment and pregnancy prevention), and provider fees. Healthcare staff will take care of the billing process. If you receive any additional medical treatment during your visit, such as stitches or imaging for other injuries, you will be billed for that as you would at a regular doctor’s visit. Visit Montana DOJ's FAQs on FREPP to learn more. Survivors Making a Report to Law Enforcement Crime Victims Compensation (CVC) provides funding to compensate victims who report and cooperate with law enforcement and ongoing prosecution. If approved, CVC applicants can use this program’s benefits to cover lost wages, therapy, and medical bills not covered by FREPP (like broken bones, stitches, and imaging). Secondary victims are also eligible for some CVC benefits. As with FREPP, you will not have to pay for your forensic exam and healthcare staff will take care of the billing process. In addition to financial assistance for medical costs, CVC benefits can be applied to costs for mental health services like counseling. If you do not apply for CVC or are denied (which is possible but unlikely), you will be responsible for the cost of your hospital visit. The Friendship Center can help you apply for Crime Victims Compensation and navigate an appeal process if you are denied. Helpful Links Montana Crime Victims Compensation Act info and claim form FREPP info FREPP claim form Patient/victim service locations Montana Sexual Assault Kit Tracking System

Any kind of sexual contact or behavior that occurs without explicit consent is sexual assault. Consent happens when all parties willingly agree, through words or overt actions, to engage in sexual activity. Consent is a clear, direct, ongoing, and mutual agreement between partners about what they both want to experience. A current or previous sexual relationship does not determine consent. Just because someone has given consent in the past does not mean it is implied in future interactions. Consent may be withdrawn by any party at any time and that person does not need to have a reason. A person cannot give consent when they are: Coerced in any way Badgered into saying yes Feeling like they can’t say no Afraid of violence or threats of violence Feeling frozen Unable to respond In a relationship with a power imbalance (i.e., someone has power over their money, housing, job, reputation, or academic performance) Other reasons a person may be unable to consent to sexual activity include age, illness, disability, physical helplessness, or the influence of alcohol or other drugs. Consent is never implied.

It’s up to you as a survivor to decide if you want to make a report to law enforcement or not. Not everyone chooses to report—there are valid reasons for that, and you may decide it’s not the best or safest option for you. Delayed reporting is also an option that gives you a chance to weigh the pros and cons of reporting based on your situation. If you’re not sure whether you want to make a report, you have time to make that decision, and The Friendship Center is here to help with free, confidential services for survivors that are available 24/7. Our advocates can help at any point to talk through options, offer support, and assist you in working with law enforcement if you choose to report an assault. Reporting an Assault You can report sexual assault to law enforcement by calling: 911 for emergencies Helena Police (non-emergency) 406.442.3233 Lewis and Clark County Sheriff’s Office (outside of Helena city limits) 406.447.8293 East Helena Police Department 406.227.8686 Broadwater County Sheriff's Department 406.266.3441 Jefferson County Sheriff's Department 406.225.4075 Prosecution Reporting a sexual assault to the police does not mean you have to move forward with criminal prosecution. The case will only be criminally charged if there is probable cause to charge AND you wish to move forward with criminal prosecution. If making a delayed report feels like a good option for you and you were 18 or older at the time of an assault in Montana, there is a timeline of 10 years to proceed with criminal prosecution. There is no time limit to proceed with a criminal prosecution for victims who were under 18 years old at the time of the offense.

Survivor responses may vary broadly after experiencing a sexual assault. Common reactions include, but are not limited to: Shock or disbelief Shame and embarrassment A sense of responsibility for the assault Fear of being blamed or not believed by others Feeling overwhelmed Vulnerability Anger, irritability, anxiety Changes in sleeping and eating Nightmares and flashbacks Memory loss or disassociation Self-doubt

Sexual assaults can be perpetrated by anyone and are most often committed by people a survivor knows—friends, acquaintances, family members, employers, and intimate partners. While less common, sexual assaults can also be committed by strangers.

Yes. The exact definitions of sexual assault can vary based on the laws where you live, but sexual assault is a crime at the federal level and in every state in the U.S. Helpful links Sexual violence laws in Montana Sexual violence laws by state

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