Montana Code 40-15-404. Nonjudicial enforcement of order
40-15-404. Nonjudicial enforcement of order. (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 identifies both the protected individual and the respondent and, on its face, is currently in effect constitutes probable cause to believe that a valid foreign protection order exists. For the purposes of this section, the protection order may be inscribed on a tangible medium or may have been stored in an electronic or other medium if it is retrievable in perceivable form. Presentation of a certified copy of a protection order is not required for enforcement.
Terms Used In Montana Code 40-15-404
- Foreign protection order: means a protection order issued by a court of another state. See Montana Code 40-15-402
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Protected individual: means an individual protected by a protection order. See Montana Code 40-15-402
- Protection order: means an injunction or other order issued by a court under the domestic violence, family violence, sexual assault, or stalking laws of the issuing state to prevent an individual from engaging in violent or threatening acts against, harassment of, contact or communication with, or physical proximity to another individual. See Montana Code 40-15-402
- Respondent: means the individual against whom enforcement of a protection order is sought. See Montana Code 40-15-402
- State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Montana Code 40-15-402
(2)If a foreign protection order is not presented, a law enforcement officer of this state may consider other information in determining whether there is probable cause to believe that a valid foreign protection order exists.
(3)If a law enforcement officer of this state determines that an otherwise valid foreign protection order cannot be enforced because the respondent has not been notified or served with the order, the officer shall inform the respondent of the order, make a reasonable effort to serve the order upon the respondent, and allow the respondent a reasonable opportunity to comply with the order before enforcing the order.
(4)Registration or filing of an order in this state is not required for the enforcement of a valid foreign protection order pursuant to this part.