Montana Code 40-16-112. Protection of party or child
40-16-112. Protection of party or child. (1) As used in this section, “protection order” means an injunction or other order, issued under the domestic violence, family violence, or stalking laws of the issuing jurisdiction, to prevent an individual from engaging in a violent or threatening act against, harassment of, contact or communication with, or being in physical proximity to another individual who is a party or a child under the custodial responsibility of a party.
Terms Used In Montana Code 40-16-112
- Arbitration agreement: means an agreement that subjects a family law dispute to arbitration. See Montana Code 40-16-102
- Arbitrator: means an individual selected, alone or with others, to make an award in a family law dispute that is subject to an arbitration agreement. See Montana Code 40-16-102
- Child-related dispute: means a family law dispute regarding the parenting or financial support of a child. See Montana Code 40-16-102
- Court: means the district court. See Montana Code 40-16-102
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Party: means an individual who signs an arbitration agreement and whose rights will be determined by an award. See Montana Code 40-16-102
- 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 40-16-102
(2)If a party is subject to a protection order or an arbitrator determines there is a reasonable basis to believe a party’s safety or ability to participate effectively in arbitration is at risk, the arbitrator shall stay the arbitration and refer the parties to court. The arbitration may not proceed unless the party at risk affirms the arbitration agreement in a record and the court determines:
(a)the affirmation is informed and voluntary;
(b)arbitration is not inconsistent with the protection order; and
(c)reasonable procedures are in place to protect the party from risk of harm, harassment, or intimidation.
(3)If an arbitrator determines that there is a reasonable basis to believe a child who is the subject of a child-related dispute is abused or neglected, the arbitrator shall terminate the arbitration of the child-related dispute and report the abuse or neglect to the department of public health and human services.
(4)An arbitrator may make a temporary award to protect a party or child from harm, harassment, or intimidation.
(5)On motion of a party, the court may stay arbitration to review a determination or temporary award under this section.
(6)This section supplements remedies available under law of this state for the protection of victims of domestic violence, family violence, stalking, harassment, or similar abuse.