40-15-102. 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) unlawful restraint as defined in 45-5-301;
     (x) kidnapping as defined in 45-5-302;
     (xi) aggravated kidnapping as defined in 45-5-303; or
     (xii) 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 stalking as defined in 45-5-220, incest as defined in 45-5-507, sexual assault as defined in 45-5-502, or sexual intercourse without consent as defined in 45-5-503; 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) 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.
     (5) 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.
     (6) 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.

     History: En. Sec. 22, Ch. 350, L. 1995; amd. Sec. 1, Ch. 432, L. 1999; amd. Sec. 5, Ch. 503, L. 2001.