Home | Newsletter | Current Happenings | Merchandise | Donations | Presentations | Contact Us
 

Court Legal Advocacy
- Free & Confidential
- Explain how the court process works
- Assist you in filing a petition for a Temporary Order for Protection
- Get information to you about what is happening in your case
- Advise you of when and in what court your case will be heard
- Tell you about Crime Victims Compensation
- Help you inform your employer you may have to miss work for court proceedings
- Provide you with a secure waiting area during court proceedings
- Accompany you to court proceedings, interviews, etc...
- Referrals to Montana Legal Services for qualified applicants
Definitions:
"Partner" - spouses, former spouses, person who have a child in common and persons who have been or are currently in a dating or ongoing intimate relationship with a person of the opposite sex.
"Family Member" - mothers, fathers, children, brothers, sisters and other past or present family members of a household. These relationships include relationships created by adoption and remarriage, including stepchildren, stepparents, in-laws and adoptive children and parents. These relationships continue regardless of the ages of the parties and whether the parties reside in the same household.
"Bodily Injury" - physical pain, illness or an impairment of physical condition and includes mental illness or impairment.
"Cohabit" - to live together under the representation of being married.
"Sexual Contact" - means touching of the sexual or other intimate parts of the person of another directly or through clothing, in order to knowingly or purposely: cause bodily injury to or humiliate, harass or degrade another or arouse or gratify the sexual response or desire of either party.
" Sexual Intercourse" - penetration of the vulva, anus or mouth of another person by the penis or digits of another person or by a foreign object.
"Without Consent" - means that the victim is compelled to submit by force against the victim or another, the victim is incapable of giving consent because the victim is mentally defective or incapacitated, physically helpless, overcome by deception, coercion or surprise, less that 16 years old.
"Child Abuse or Neglect" - actual harm to a child's health or welfare or substantial risk of harm to a child's health or welfare. The term includes actual harm or substantial risk of harm by the acts or omissions of a person responsible for the child's welfare.
45-5-206. Partner or family member assault.

(a) purposely or knowingly causes bodily injury to a partner of family member.

(b) negligently causes bodily injury to a partner or family member with a weapon.

(c) purposely or knowingly causes reasonable apprehension of bodily injury in a partner or family member.

45-5-502. Sexual assault.

Knowingly subjecting another person to any sexual contact without consent.

45-5-503. Sexual intercourse without consent.

Knowingly having sexual intercourse without consent with another person.

45-5-220. Stalking.

Purposely or knowingly causes another person substantial emotional distress or reasonable apprehension of bodily injury or death by repeatedly following, harassing, threatening or intimidating the stalked person in person or by phone, by mail or by other action, device or method.

40-15-102. Eligibility for order of protection. 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 of family member.

(b) the petitioner is the victim of the following offenses committed by a partner of family member: assault, agg. assault, intimidation, partner/family member assault, criminal endangerment, negligent endangerment,
assault on a minor, assault with a weapon, unlawful restraint, kidnapping, agg. kidnapping or arson.

If you are a victim of the following:
stalking, incest, sexual assault or sexual intercourse without consentyou are eligible to file a petition for an order of protection regardless of your relationship with the offender