Domestic Violence

Statewide crime data compiled by the Montana Board of Crime Control shows that the rate of domestic abuse in Montana has remained unacceptably high. The rate of domestic violence offenses reported to law enforcement in recent years has ranged from a high of 492 offenses for every 100,000 people in 1998, to 391 offenses per 100,000 in 2000. The rate for 2003 was 465 reported domestic violence offenses for every 100,000 people.

Each year, approximately five out of every 1,000 Montanans are victims of reported cases of domestic violence - and that doesn't include those who don't seek help and suffer in silence.

The State of Montana must ensure that domestic violence is prosecuted aggressively and effectively. Whenever possible, state, federal, local and tribal agencies must act to prevent or mitigate the serious harm it causes. Partner or family member assault is defined in 45-5-206 of the Montana Code Annotated.

Orders of Protection

Orders of protection are legal documents that offer victims of violent crime a measure of protection by setting limits on what an offender can legally do. Petitions for orders of protection can be filed in a justice, city, municipal or district court. The judge may order conditions he or she believes are necessary to protect a victim. Victims can ask the court for an order of protection that:

• prohibits the offender from hurting them or threatening to hurt them
• directs the offender to leave their home and prohibits the offender from having any contact with them
• prevents the offender from transferring any property, except in the usual course of business
• prohibits the offender from being within 1,500 feet or other appropriate distance of the victim, any named family member, and the victim's work site or other specified place
• gives victims possession of necessary personal property
• prohibits the offender from possessing or using the firearm used in the assault

Violations

Only the respondent (or offender) under an order of protection may be cited for a violation; the petitioner (or victim) who filed for the order may not be cited. A violation of any terms of an order of protection is punishable under MCA 45-5-626. If the respondent violates an order of protection, he or she may also be charged with other crimes such as trespassing (MCA 45-6-203) and stalking (MCA 45-5-220).

Child Custody and Support

Only a district court may:

• award custody of any minor children involved to the victim or to the other parent
• order visitation of the children between the parents
• order the offender to pay support payments to the victim if the offender has a legal obligation to pay support payments

Obtaining an Order of Protection

The forms needed to obtain an order of protection and instructions on how to complete them are available on the Victim Services Forms page. If you require personal assistance in completing these forms or additional information on how to proceed, please contact a Crime Victim Advocate near you.

Address Confidentiality Program

Through the Address Confidentiality Program (ACP), the Office of Victim Services provides confidential substitute addresses to victims of domestic violence, sexual assault and stalking. While the program is not a guarantee of safety, it aims to help victims return to a normal, safe life.

Under Montana law, the Office of Victim Services assigns substitute addresses to victims who have moved away from their abusers to a new confidential Montana residence. Mail received at the substitute address is forwarded to the Office of Victim Services for processing. Victim Services then forwards the first-class mail on to the victim's confidential residence. Magazines and packages cannot be forwarded.

Since the program has only one post office box, participants are assigned a Private Mail Box (PMB) number to identify their mail. Participants' mail must include this PMB number.

Program participants choose when to use their substitute address. They decide if and when to reveal their actual address to a government agency. When an ACP participant chooses to reveal his/her actual address, that agency is not obligated to keep the information confidential.

Program Qualifications

To qualify for the Address Confidentiality Program, an applicant must:

• be a resident of the state of Montana and
• be a victim of partner family assault, sexual assault, or stalking as defined by MCA 40-15-116

How to Apply

Applications may be filed by an adult on his or her own behalf, or by the parent or guardian of a minor or incapacitated individual. For assistance in completing an application, contact either:

• a local crime victim advocate (See the online crime victim advocates list.)
  or
• the Montana Coalition Against Domestic and Sexual Violence at (406) 443-7794.

Complete an Address Confidentiality Program Application and mail it to the address shown on the form. Be sure to include the necessary supporting documentation:

• the Address Confidentiality Program Checklist signed by the applicant
• a copy of the applicant's driver license or other form of identification
• a statement or evidence that establishes that the applicant is a victim
• a telephone number where the applicant can be reached

The ACP office then reviews the application. If approved, ACP assigns a substitute address and Private Mail Box number, and sends the applicant an ACP identification card.

The service is free.

Renewal – Participation in the program must be renewed every four years. Participants who are still in imminent danger of becoming a victim must submit a renewal application to the ACP office four years from the date their application was first approved.

For additional information about the program, contact Office of Victim Services program specialist Joan Eliel.

Encourage to Arrest Project

In Montana, the criminal justice response to domestic violence represents a patchwork of federal, state, tribal and local efforts, supported by a variety of governmental, public and private resources. The results are frequently fragmented and disappointing, both for victims and the people who work within the criminal justice system.

Through the Encourage to Arrest Project, the Office of Victim Services is seeking new, creative and more efficient ways of addressing this widespread problem. The project, which began in September 2002, aims to reduce the incidence of domestic violence and improve the enforcement of orders of protection.

To accomplish this goal, the project is working to establish new procedures that will ensure that victims can rely on orders of protection obtained from their community, state or tribe, as a basis for protection anywhere in Montana. The project is focusing on four major areas:

• improving access to services in rural areas
• improving law enforcement response to domestic violence incidents
• enhancing judicial training in best practices for protecting victims and holding abusers accountable
• supporting existing victim-witness programs and helping to create programs in areas without them

Project Partners and Additional Resources

Federal Government Agencies

• Department of Justice
  • Bureau of Alcohol, Tobacco, Firearms and Explosives – Montana Field Offices
  • Federal Bureau of Investigation – Montana Offices
  • United States Attorneys Office – District of Montana
• Department of the Interior
  • Bureau of Indian Affairs

Private Organizations

• Montana Coalition Against Domestic and Sexual Violence
• Montana-Wyoming Tribal Leaders Council
• National Center for State Courts
• National Center on Full Faith and Credit, operated by the Pennsylvania Coalition Against Domestic Violence

Domestic Violence Fatality Review Commission

The Fatality Review Commission, authorized by MCA 2-15-2017, seeks to reduce homicides caused by family violence. The Commission meets twice yearly to review closed domestic homicide cases. The review seeks to:

• identify gaps in Montana's system for protecting battered women
• better coordinate multi-agency efforts to protect those most at risk of domestic homicide

After consulting with the Attorney General, the Commission determines which cases it will review. The Office of Victim Services coordinates the Commission's work.

Commission Membership – The Attorney General appoints Commission members from representatives of involved state and private agencies, the medical and mental health community, law enforcement and the courts, Native Americans, the legislature and concerned citizens.

Biennial Report – While the Commission's meetings and records are confidential, state law requires it to publish a report detailing its findings and recommendations.

• 2007 Report (PDF)
• 2005 Report (PDF)

The National Domestic Violence Fatality Review Initiative, housed at the Baylor University, acts as a clearinghouse and resource center dedicated to domestic violence fatality review.

REMEDIES Grant

In 2006, Montana received a federal grant to work with faith-based and tribal communities to expand the limited services available to domestic violence victims in rural areas of the state. The REMEDIES grant – Rural Efforts in Montana to Expand Delivery of Interventions and Extend Services – encourages collaboration with religious groups and tribal communities. The project reaches out to victims who are geographically isolated from the various agencies that normally deal with or have the potential to confront domestic violence.

Compared with victims in urban areas, domestic violence victims in rural areas may face even greater challenges because of their geographic isolation and limited availability of services. The REMEDIES project trains members of faith and tribal communities to become part of the support network domestic violence victims need.

Through the REMEDIES grant, the Office of Victim Services provides training and technical assistance to law enforcement officers, judges, prosecutors, probation officers, advocacy groups, faith and community-based organizations, and tribal groups on Montana's seven reservations. The training focuses on the difficulties faced by victims isolated in Montana's rural areas and covers:

• risk assessment
• safety planning
• housing and economic security
• the challenges involving faith and tribal culture

Project Partners and Additional Resources

Federal Government Agencies

• Office on Violence Against Women

Private Organizations

• Montana Association of Churches
• Montana Coalition Against Domestic & Sexual Violence
• Montana Legal Services Association
• Montana-Wyoming Tribal Leaders Council

Contact

For further information about the Fatality Review Commission, contact:

Matthew Dale, Executive Director
Office of Victim Services
Department of Justice
2225 11th Avenue
P.O. Box 201410
Helena, MT 59620-1410

Phone: (406) 444-1907
Fax: (406) 444-9680
E-mail: madale@mt.gov

For information about the Address Confidentiality Program, Orders of Protection and the Encourage to Arrest Project, contact:

Joan Eliel, Program Specialist
Office of Victim Services
Department of Justice
2225 11th Avenue
P.O. Box 201410
Helena, MT 59620-1410

Phone: (406) 444-5803
Fax: (406) 444-9680
E-mail: jeliel@mt.gov

For further information about the REMEDIES Project, contact:

Sandy Matule, Grant Project Coordinator
Office of Victim Services
Department of Justice
2225 11th Avenue
P.O. Box 201410
Helena, MT 59620-1410

Phone: (406) 444-2071
Fax: (406) 444-9680
E-mail: smatule@mt.gov