| 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 |
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| 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 |
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