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Know the Laws: Montana

UPDATED May 25, 2012

Moving to Another State with a Montana Order of Protection

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If you are moving out of state or are going to be out of the state for any reason, your order of protection can still be enforceable.

General Rules

back to topCan I get my order of protection from MT enforced in another state?

Yes. If you have a valid Montana order of protection that meets federal standards, it can be enforced in another state. The Violence Against Women Act, which is a federal law, states that all valid order of protection’s granted in the United States receive "full faith and credit" in all state and tribal courts within the US, including US territories. See the question below to find out if your order of protection qualifies.

Each state must enforce out-of-state order of protections in the same way it enforces its own orders. Meaning, if your abuser violates your out-of-state order of protection, s/he will be punished according to the laws of whatever state you are in when the order is violated. This is what is meant by "full faith and credit." 

 

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back to topHow do I know if my order of protection is good under federal law?

An order of protection is good anywhere in the United States 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)

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back to topI have a temporary ex parte order of protection.  Can it be enforced in another state?

Yes. An ex parte temporary order can be enforced in other states as long as it meets the requirements listed in How do I know if my protection order is good under federal law?*

Note: The state where you are going generally cannot extend your ex parte temporary order or issue you a permanent order when the temporary one expires. If you need to extend your temporary order, you will have to contact the state that issued the order and arrange to be at the hearing in person or by telephone (if that is an option offered by the court). However, you may be able to reapply for one in the new state that you are moving to if you meet the requirements for getting a protective order in that state – but, if you apply for one in a new state, the abuser would know what state you are living in, which may put you in danger.

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