Legal Question in Family Law in Montana

Re: restraining order

The law allows the judge to grant possession of property, and the petition for temporary order of protection (TOP) addresses the issue of property. If the petitioner checks that off, then the judge will consider it. In your case, the judge granted the petitioner's request for possession of the car. It's legal because the law allows it, that simple.

Now, I don't know under what circumstances the judge granted possession of the car. However, it is not unusual for people who live together to buy property together and, even if it is titled to one person, or even if only one person makes the payments, ownership might be muddled enough at the brief hearing for the TOP that the judge merely decides to protect the property until the hearing.

If the TOP issued from a JP, city, or municipal court, the court must hold a hearing within 20 days. If a district court issued the TOP, the court must hold a hearing within 45 days. However, you can always move for an expedited hearing. An expedited hearing will get you into court sooner and you will be able to argue your case for keeping the car.