Definitions of Domestic Violence - Montana

Date: January 2021

Defined in Domestic Violence Civil Laws

Citation: Ann. Code § 40-15-102

A person may file a petition for an order of protection if any of the following apply:

  • The petitioner is in reasonable apprehension of bodily injury by the petitioner's partner or family member, as defined in § 45-5-206.
  • The petitioner is a victim of one of the offenses listed below committed by a partner or family member:
    • Assault or aggravated assault
    • Intimidation
    • Partner or family member assault
    • Criminal or negligent endangerment
    • Assault on a minor
    • Assault with a weapon
    • Strangulation of a partner or family member
    • Unlawful restraint
    • Kidnapping or aggravated kidnapping
    • Arson

Defined in Child Abuse Reporting and Child Protection Laws

Citation: Ann. Code § 41-3-102(23)

'Psychological abuse or neglect' means severe maltreatment through acts or omissions that are injurious to the child's emotional, intellectual, or psychological capacity to function, including the commission of acts of violence against another person residing in the child's home.

The term may not be construed to hold a victim responsible for failing to prevent the crime against the victim.

Defined in Criminal Laws

Citation: Ann. Code § 45-5-206

A person commits the offense of 'partner or family member assault' when the person does any of the following:

  • Purposely or knowingly causes bodily injury to a partner or family member
  • Negligently causes bodily injury to a partner or family member with a weapon
  • Purposely or knowingly causes reasonable apprehension of bodily injury in a partner or family member

Persons Included in the Definition

Citation: Ann. Code § 45-5-206

'Family member' means 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.

'Partners' means spouses, former spouses, persons who have a child in common, and persons who have been or are currently in a dating or ongoing intimate relationship.

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