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  • 40-15-402 Definitions.

    Statutes | 40-15-402, MCA

    As used in this part, the following definitions apply: (1) "Foreign protection order" means a protection order issued by a court of another state. (2) "Issuing state" means the state whose court issues a protection order. (3) "Mutual foreign protection order" means a foreign...

  • 40-15-401 Short title

    Statutes | 40-15-401, MCA

    This part may be cited as the "Uniform Interstate Enforcement of Domestic Violence Protection Orders Act".

  • 40-15-303 Registration of orders.

    Statutes | 40-15-303, MCA

    (1) The clerk of court, justice of the peace, municipal court judge, or city court judge shall, within 24 hours of receiving proof of service of an order under 40-15-201, 40-15-204, or 40-15-301, mail a copy of the order or any extension, modification, or termination of the order, along with a copy...

  • 40-15-302 Appeal to district court -- order to remain in effect

    Statutes | 40-15-302, MCA

    (1) An order issued by a justice's court, municipal court, or city court pursuant to 40-15-201 is immediately reviewable by the district judge upon the filing of a notice of appeal. The district judge may affirm, dissolve, or modify an order of a justice's court, municipal court, or city...

  • 40-15-301 Jurisdiction and venue.

    Statutes | 40-15-301, MCA

    (1) District courts, justices' courts, municipal courts, and city courts have concurrent jurisdiction to hear and issue orders under 40-15-201. (2) When a dissolution of marriage or parenting action involving the parties is pending in district court, a person may file a petition for an order of...

  • 40-15-204 Written orders of protection.

    Statutes | 40-15-204, MCA

    (1) The court may, on the basis of the respondent's history of violence, the severity of the offense at issue, and the evidence presented at the hearing, determine that to avoid further injury or harm, the petitioner needs permanent protection. The court may order that the order of protection...

  • 40-15-203 Attorney general to provide forms.

    Statutes | 40-15-203, MCA

    The attorney general shall prepare uniform sample instructions, petition forms, and order forms for temporary orders of protection and for orders of protection. The attorney general shall distribute samples of the instructions, petitions, and forms to the clerk of the district court in each county...

  • 40-15-202 Order of protection -- hearing -- evidence.

    Statutes | 40-15-202, MCA

    (1) A hearing must be conducted within 20 days from the date that the court issues a temporary order of protection. The hearing date may be continued at the request of either party for good cause or by the court. If the hearing date is continued, the temporary order of protection must remain in...

  • 40-15-201 Temporary order of protection.

    Statutes | 40-15-201, MCA

    (1) A petitioner may seek a temporary order of protection from a court listed in 40-15-301. The petitioner shall file a sworn petition that states that the petitioner is in reasonable apprehension of bodily injury or is a victim of one of the offenses listed in 40-15-102, has a relationship to the...

  • 40-15-121 Implementation by state and local government agencies.

    Statutes | 40-15-121, MCA

    The department shall issue the participant a substitute address card containing the participant's name, substitute address, and other information that the department determines appropriate. Any state or local government agency that needs or requires the participant's address shall accept and...