Montana Code Annotated

Mont. Code Ann. § 45-5-626 (2026)

Violation Of Order Of Protection

✓ current as of May 2026

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TITLE 45. CRIMES

CHAPTER 5. OFFENSES AGAINST THE PERSON

Part 6. Offenses Against the Family

Violation Of Order Of Protection

45-5-626. Violation of order of protection. (1) Except as provided in 50-32-609, a person commits the offense of violation of an order of protection if the person, with knowledge of the order, purposely or knowingly violates a provision of any order provided for in 40-4-121 or an order of protection under Title 40, chapter 15. It may be inferred that the defendant had knowledge of an order at the time of an offense if the defendant had been served with the order before the time of the offense. Service of the order is not required upon a showing that the defendant had knowledge of the order and its content.

(2) Only the respondent under an order of protection may be cited for a violation of the order. The petitioner who filed for an order of protection may not be cited for a violation of that order of protection.

(3) An offender convicted of violation of an order of protection shall be fined not to exceed $500 or be imprisoned in the county jail for a term not to exceed 6 months, or both, for a first offense. Upon conviction for a second offense, an offender shall be fined not less than $200 and not more than $500 and be imprisoned in the county jail not less than 24 hours and not more than 6 months. Upon conviction for a third or subsequent offense, an offender shall be fined not less than $500 and not more than $2,000 and be imprisoned in the county jail or state prison for a term not less than 10 days and not more than 2 years.

History: En. Sec. 9, Ch. 526, L. 1985; amd. Sec. 12, Ch. 350, L. 1995; amd. Sec. 13, Ch. 253, L. 2017.

Notes of Decisions

Cited in 27 cases (4 in the last 5 years), 1999–2026 · leading case: State v. Strong, 2015 MT 251 (Mont. 2015).

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State v. Strong, 2015 MT 251 (Mont. 2015). · cites it 49× “¶5 On November 14, the State of Montana charged Strong with four counts of violating an order of protection in violation of § 45-5-626, MCA. The first two counts 2 were charged as misdemeanors, and the third and fourth counts were charged as felonies.”

City of Missoula v. Gillispie, 1999 MT 268 (Mont. 1999). · cites it 36× “Gillispie (Gillispie) was charged and convicted under Montana’s order of protection violation statute, § 45-5-626, MCA (1997), in Missoula Municipal Court.”

In Re the Est. of Corrigan, 2014 MT 337 (Mont. 2014). · cites it 10× “Pursuant to § 45-5-626, MCA, when a defendant has actual knowledge of the order of protection and is thus bound by the order even though not served, the Court’s interpretation of M.”

State v. Huffine, 422 P.3d 102 (Mont. 2018). · cites it 4× “After the State amended the charges to eight counts of violating a protective order in violation of § 45-5-626, MCA, the matter proceeded to jury trial on January 29, 2009.”

State v. J. Allen, 2016 MT 185 (Mont. 2016). · cites it 6× “¶5 The State charged Allen by Information with 35 counts of violating an Order of Protection under § 45-5-626, MCA. Allen moved to dismiss 34 of the 35 counts on the grounds that the offenses were “a continuing course of conduct” rather than a series of individual crimes.”

State v. Kuipers, 2005 MT 156 (Mont. 2005). · cites it 3× “Section 45-5-626(1), MCA, provides, in pertinent part, that a person *435 violates an order of protection if the person, with knowledge of the order, purposely or knowingly violates one of the order’s provisions.”

State v. Andress, 2013 MT 12 (Mont. 2013). · cites it 5× “He maintains that § 45-5-626, MCA, “seeks to avoid the ‘singular result’ of the violation of a protective order, not the many forms of conduct that result in the violation of a protective order.”

State v. Pingree, 2015 MT 187 (Mont. 2015). · cites it 4× “Certainly, a respondent may face criminal consequences for violating an order of protection (see § 45-5-626, MCA), 6 but simply being named as respondent does not expose a respondent to criminal liability.”

State v. B. Bagnell, 2020 MT 234N (Mont. 2020). · cites it 2× “¶6 “We review jury instructions to determine whether the instructions, taken as a whole, fully and fairly instruct the jury as to the applicable law and whether the 1 The court subsequently allowed the State to amend the Information to include two counts of violating an order of…”

State v. B. Hillious, 2025 MT 53 (Mont. 2025). · cites it 2× “Certainly, a respondent may face criminal consequences for violating an order of protection (see § 45-5-626, MCA), but simply being named as respondent does not expose a respondent to criminal liability.”

State v. Thorpe, 2015 MT 14 (Mont. 2015). · cites it 4× “¶4 On November 16, 2012, the State filed an Information charging Thorpe with six counts of violating § 45-5-626, MCA, which criminalizes the violation of an order of protection.”

State v. Huffine, 2010 MT 67N (Mont. 2010). · cites it 2× “The State filed a Second Amended Information on December 5, 2008, charging Huffine with eight counts of Violation of Order of Protection for mailing letters to Lord in violation of § 45-5-626, MCA. ¶6 The case proceeded to trial on January 29, 2009.”

Show all 27 citing cases →

— Mont. Code Ann. § 45-5-626(1) — 8 cases

State v. Strong, 2015 MT 251 (Mont. 2015). “¶5 On November 14, the State of Montana charged Strong with four counts of violating an order of protection in violation of § 45-5-626, MCA. The first two counts 2 were charged as misdemeanors, and the third and fourth counts were charged as felonies.”

In Re the Est. of Corrigan, 2014 MT 337 (Mont. 2014). “Pursuant to § 45-5-626, MCA, when a defendant has actual knowledge of the order of protection and is thus bound by the order even though not served, the Court’s interpretation of M.”

City of Missoula v. Gillispie, 1999 MT 268 (Mont. 1999). “Gillispie (Gillispie) was charged and convicted under Montana’s order of protection violation statute, § 45-5-626, MCA (1997), in Missoula Municipal Court.”

State v. Kuipers, 2005 MT 156 (Mont. 2005). “Section 45-5-626(1), MCA, provides, in pertinent part, that a person *435 violates an order of protection if the person, with knowledge of the order, purposely or knowingly violates one of the order’s provisions.”

State v. Andress, 2013 MT 12 (Mont. 2013). “He maintains that § 45-5-626, MCA, “seeks to avoid the ‘singular result’ of the violation of a protective order, not the many forms of conduct that result in the violation of a protective order.”

— Mont. Code Ann. § 45-5-626(3) — 3 cases

State v. Quiroz, 1999 MT 270N (Mont. 1999).

State v. Heuer, 2015 MT 325N (Mont. 2015).

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