Montana Code 40-15-405. Registration of order
40-15-405. Registration of order. (1) Any individual may register a foreign protection order in this state. To register a foreign protection order, an individual shall:
Terms Used In Montana Code 40-15-405
- Foreign protection order: means a protection order issued by a court of another state. See Montana Code 40-15-402
- Issuing state: means the state whose court issues a protection order. See Montana Code 40-15-402
- 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
- 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
- United States: includes the District of Columbia and the territories. See Montana Code 1-1-201
(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 enforcement agency and request that the order be registered with the department of justice.
(2)Upon receipt of a foreign protection order, the department of justice shall register the order in accordance with this section. After the order is registered, the department of justice shall furnish to the individual registering the order a certified copy of the registered order.
(3)The department of justice shall register an order upon presentation of a copy of a protection order that has been certified by the issuing state. A registered foreign protection order that is inaccurate or is not currently in effect must be corrected or removed from the registry in accordance with the law of this state.
(4)An individual registering a foreign protection order shall file an affidavit by the protected individual stating that, to the best of the protected individual’s knowledge, the order is currently in effect.
(5)A foreign protection order registered under this part must be entered into the database of the national crime information center of the United States department of justice and may be entered in any existing state or other federal registry of protection orders, in accordance with applicable law.
(6)A fee may not be charged for the registration of a foreign protection order.