Domestic violence can be defined as any abusive, violent, coercive, forceful, or threatening act or word inflicted by one member of a family or household on another.
In the state of Montana, a person is charged with domestic violence if they cause bodily injury, negligently cause bodily harm with a weapon or threatens a household member that creates a reasonable fear of bodily injury.
If domestic violence occurs within a household, a victim may file a temporary protection order that will require a person who was charged with domestic violence to stay away from and make no contact with the victim. A temporary protection order may turn into a permanent protection order if the physical and emotional damages are severe enough.
Helena, Montana Domestic Violence Attorney
If you are facing charges for domestic violence in Helena or anywhere else in Montana, contact Greg Beebe, an experienced criminal defense attorney at Beebe Law Firm. Greg Beebe is an aggressive and experienced attorney who is familiar with Montana's domestic violence laws and is ready to represent you. Call us today at 1 (406) 442-3625.
Greg Beebe also represents residents in Lewis and Clark County, Missoula County, Gallatin County or other Montana Counties.
Helena Domestic Violence Charges Information Center
- Violation of a Protection Order
- Child Endangerment
- Custodial Inference
- False Imprisonment
- Child Abuse/ Child Neglect
- Domestic Assault
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 a Temporary order for maintenance or support, temporary injunction or temporary restraining order.
If there was an additional crime committed during the violation of the protection order, the penalties could become much more severe. Repeat restraining order violations can sometimes result in top-level felony charges and up to three years in prison.
In the state of Montana, child endangerment occurs when a person engages in conduct that places a child in imminent danger of death, bodily injury, or physical or mental impairment.
A person commits the offense of criminal child endangerment if the person purposely, knowingly, or negligently causes substantial risk of death or serious bodily injury to a child under the age 14 by:
- failing to seek reasonable medical care for a child suffering from an apparent acute life-threatening condition;
- placing a child in the physical custody of another who the person knows has previously purposely or knowingly caused bodily injury to a child;
- placing a child in the physical custody of another who the person knows has previously committed an offense against the child;
- manufacturing or distributing dangerous drugs in a place where a child is present;
- operating a motor vehicle under the influence of alcohol or dangerous drugs with a child in the vehicle; or
- failing to attempt to provide proper nutrition for a child, resulting in a medical diagnosis of nonorganic failure to thrive.
Stalking is a pattern of behavior that makes a person feel afraid, nervous, harassed, or in danger. The act of stalking can include repeatedly contacting someone, following someone, talking to someone when he or she does not want him or her to, or threatening someone.
A person commits the offense of stalking if the person purposely or knowingly causes another substantial emotional distress or reasonable apprehension of bodily injury or death by repeatedly following someone or harassing, threatening, or intimidating someone in person or by mail, electronic communication, or any other action, device or method.
In Montana, bigamy is the act of going through a marriage ceremony while already married to another person.
A person commits the offense of bigamy if, while married, the person knowingly contracts or tries to contract another marriage unless at the time of the subsequent marriage:
- the offender believes on reasonable grounds that the prior spouse is dead;
- the offender and the prior spouse have been living apart for five consecutive years throughout which the prior spouse was not known by the offender to be alive;
- a court has entered a judgment trying to terminate or annul any prior disqualifying marriage, and the offender does not know that judgment to be invalid; or
- the offender reasonably believes that the offender is legally eligible to remarry.
Custodial interference can be defined simply as the taking/keeping of a child from his or her parent with the intent to interfere with that parent's physical custody of the child. This is a crime in most states, even if the offending parent also has custody rights.
A person commits the offense of custodial interference if, knowing that the person has no legal right to do so, the person takes, entices, or withholds from lawful custody any child, incompetent person, or other person entrusted by authority of law to the custody of another person or institution.
To convict someone of custodial interference, the State must prove the following elements:
- the defendant took, enticed or withheld a child from his or her lawful custody; and
- the child was an incompetent person or a person entrusted by authority of law to the custody of another person or institution; and
- the defendant knew and was aware that he/she had no legal right to do so.
In the state of Montana, false imprisonment, also known as criminal restraint, occurs when someone unlawfully restrains someone else without his or her consent.
The elements of false imprisonment are:
- intentional imprisonment;
- lawful justification;
- use or threats of force;
- false imprisonment and kidnapping; and
- civil false imprisonment.
Child Abuse/Child Neglect
Child abuse is defined as any cruelty inflicted upon a child, including mental abuse, physical harm, neglect, and sexual abuse or exploitation. The specific crimes charged in instances of child abuse can include assault and battery.
In Montana, certain individuals and caregivers are required by law to report suspected child abuse. Nevertheless, unfortunately, many cases of child abuse go unreported.
Child neglect is a form of abuse in which a caregiver fails to provide for the child in some way that could result in physical, emotional or psychological harm. When most people consider mistreatment of a child, they think of physical abuse such as hurting or molesting the child, but neglect is passive abuse.
Montana Coalition against Domestic & Sexual Violence – Visit the Montana Coalition Against Domestic & Sexual Violence to read more about how they are trying to end domestic and sexual violence in the state of Montana.
Montana Child & Family Services Division – Visit the Montana Department of Public Health and Human Services website to read more about they are keeping children safe and keeping families strong in Montana.
Find a Domestic Violence Lawyer in Helena, Montana
Domestic violence charges in the state of Montana are very serious offenses, and if charged, you need the assistance of a criminal defense attorney. If you are charged with domestic violence in the state of Montana, you need to contact Greg Beebe at Beebe Law Firm.
Greg Beebe at Beebe Law Firm is prepared to assist you, no matter what criminal charges you face. Call to find out defenses to charges being prosecuted in Lewis and Clark County, Missoula County, Gallatin County or other Montana communities.
The office is conveniently located at 1085 Helena Avenue in Helena, Montana, between Idaho Avenue and North Dakota Avenue. Call us today at 1 (406) 442-3625.
This article was last updated on Thursday, August 4, 2016.