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  • 40-15-406 Immunity.

    Statutes | 40-15-406, MCA

    This state or a local governmental agency or a law enforcement officer, prosecuting attorney, clerk of court, or any state or local governmental official acting in an official capacity is immune from civil liability for an act or omission arising out of the registration or enforcement of a foreign...

  • 40-15-405 Registration of order.

    Statutes | 40-15-405, MCA

    (1) Any individual may register a foreign protection order in this state. To register a foreign protection order, an individual shall: (a) present a certified copy of the order to the department of justice or (b) present a certified copy of the order to a clerk of any court or to any local law...

  • 40-15-404 Nonjudicial enforcement of order.

    Statutes | 40-15-404, MCA

    (1) A law enforcement officer of this state, upon determining that there is probable cause to believe that a valid foreign protection order exists and that the order has been violated, shall enforce the order as if it were the order of a court of this state. Presentation of a protection order that...

  • 40-15-403 Judicial enforcement of order.

    Statutes | 40-15-403, MCA

    (1) A person authorized by the law of this state to seek enforcement of a protection order may seek enforcement of a valid foreign protection order in a court of this state. The court shall enforce the terms of the order, including terms that provide relief that a court of this state would lack...

  • 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...