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socrateaser, Lawyer
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the least of assault or family partner disturbance an individual

Resolved Question:

the least of assault or family partner disturbance an individual can get
Submitted: 5 years ago.
Category: Legal
Expert:  socrateaser replied 5 years ago.
The maximum punishment for a violation of a domestic violence restraining order is $500 and/or 6 months in jail. MT Stat.§ 45-7-309.

The lightest sentence is a "slap on the wrist," i.e., "Don't do that anymore," which does happen, more than occasionally.

A more typical sentence is the $500 fine and a day's worth of community service painting over graffiti or picking up trash on the highway.

No one ever gets the maximum or anything close. To get six months in jail, the defendant would have to hold the protected person at gunpoint -- or similar. And, that would trigger criminal prosecution, so that the family court wouldn't have to do anything.

Hope this helps.

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