Conozca la Ley: Montana
ACTUALIZADA 5 de julio, 2008
If you are planning to move to MT or are going to be in MT for any reason, your protection or restraining order can be enforced.
- Can I get my protection order enforced in Montana? What are the requirements?
- Do I have to register my protection order in MT in order to get it enforced?
arribaCan I get my protection order enforced in Montana? What are the requirements?
Yes. Your out-of-state protection order can be enforced in Montana as long as:
- It was issued to prevent violent or threatening acts, harassing behavior, sexual violence, or it was issued to prevent another person from coming near you or contacting you.*
- The court that issued the order had jurisdiction over the people and case. (In other words, the court had the authority to hear the case.)
- The abuser received notice of the order and had an opportunity to go to court to tell his/her side of the story.
- In the case of ex parte temporary and emergency orders, the abuser must receive notice and have an opportunity to go to court to tell his/her side of the story at a hearing that is scheduled before the temporary order expires.**
Note: For information on enforcing a military protective order (MPO) off the military installation, or enforcing a civil protection order (CPO) on a military installation, please see our Military Protective Orders page.
* 18 U.S.C. § 2266(5)
** 18 U.S.C. § 2265(a) & (b)
arribaDo I have to register my protection order in MT in order to get it enforced?
No. Montana state law gives full protection to an out-of-state protection order (PO) even if it is not registered, as long as the officer can determine that the order is real and that it has not expired yet. Showing the officer a copy of the PO that (1) identifies both you and the abuser, and (2) appears to be currently in effect is generally what the officer needs to see in order to decide whether the PO is real or not.
While it may be helpful to show the officer a certified copy of the PO, a certified copy is not required for enforcement.* If you do not have any copy of the PO with you, the officer may consider other information when deciding whether or not there is a real PO in place. It is important to know that without a copy of the PO, the officer may decide that he cannot enforce your order.**
* MCA 40-15-404
** MCA 40-15-404