40-15-102. Eligibility for order of protection.
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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)strangulation of a partner or family member as defined in 45-5-215 ;
(x)unlawful restraint as defined in 45-5-301 ;
(xi)kidnapping as defined in 45-5-302 ;
(xii)aggravated kidnapping as defined in 45-5-303 ; or
(xiii)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 assault as defined in 45-5-201 , aggravated assault as defined in 45-5-202 , assault on a minor as defined in 45-5-212 , stalking as defined in 45-5-220 , incest as defined in 45-5-507 , sexual assault as defined in 45-5-502 , sexual intercourse without consent as defined in 45-5-503 , sexual abuse of children as defined in 45-5-625 , or human trafficking as defined in 45-5-701 ; 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)The following persons may file a petition for an order of protection on behalf of an adult:
(a)a guardian appointed pursuant to Title 72, chapter 5, part 3, on behalf of an incapacitated person;
(b)a conservator appointed pursuant to Title 72, chapter 5, part 4, on behalf of a protected person; or
(c)an agent on behalf of an incapacitated principal. For the purposes of this subsection (4)(c), "incapacitated" has the same meaning as "incapacitated person" provided in 72-5-101 .
(5)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.
(6)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.
(7)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.