A hearing is held to determine if the TOP will be extended beyond 20 days. The court must ensure that both you (the petitioner) and the respondent have an opportunity to testify and share information. TOP hearings are NOT intended to resolve child custody issues or property disputes.

The hearing will take place within 20 days of the judge signing the TOP. You can find the hearing date in the signed copy of your TOP. It is your responsibility to seek any assistance or legal representation you may want or need.

You must attend the hearing if you want your order of protection to continue beyond the 20 days. If you are not present, the judge will dismiss the order. If the respondent doesn’t attend the hearing, but you are present, the judge will decide whether or not to extend the order based on the information you provide.

In cases of domestic violence, sexual assault, incest, or stalking, an advocate may be able to attend the hearing with you for support. However, because advocates are not attorneys, they may not speak on your behalf during the hearing.

If you would like an advocate present for your TOP hearing, please call us at 406-258-3830.

Some people choose to hire an attorney for their TOP hearing; but it is very common for petitioners not to have representation. If you do not wish to have an attorney or are unable to hire one, you will represent yourself.

Think of court like a job interview: Be on time, dress neatly, and be prepared to answer questions.

• Speak directly to the judge and address him/her as “Your Honor.”
• Always tell the truth. If you do not know an answer, say you don’t know.
• If you don’t understand a question, you can ask the judge for clarification.
• Do not interrupt others (the judge, the respondent, or witnesses) when they are speaking.
• Click here for more information about what to expect.

You will present your case first, with testimony from you and any witnesses you have. When you testify, explain why you need an Order of Protection; include relevant evidence (texts, pictures, emails, etc.). You may use notes, but do not read directly from them. Be sure to use your own words. If there are changes you would like made to the Order of Protection, tell the judge specifically what you want changed.

The judge and respondent may ask you questions about your testimony. They may also ask witnesses questions about their testimony. When you are done presenting information, the respondent will have a chance to share his/her information. The respondent will follow the same format as you did.

Both you and the respondent may be asked to give closing statements. After all information has been presented, the judge will make a decision. In some cases the judge may not have a decision immediately, but the parties will be contacted once a decision is made.

It is important that you carry a copy of the order at all times.

Montana Hope Cards are available to anyone with a Permanent Order of Protection. Hope Cards are laminated, wallet-sized cards that contain the information in an order and can be more convenient to carry than the full order. You can apply for a Hope Card through the Department of Justice website or at the Crime Victim Advocate office.

To ensure safety some people choose to tell family members, neighbors, employers, and schools when there is an order in place. Report all violations of the order to law enforcement by calling 9-1-1.