reglab/housing_qa huggingface dataset:
MT Code § 40-15-202 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 15. Partner and Family Member Assault, Sexual Assault, and Stalking -- Victim Protection|Part 2. Order of Protection|40-15-202. Order of protection -- hearing -- evidence

  40-15-202. Order of protection -- hearing -- evidence. (1) A hearing must be conducted within 20 days from the date that the court issues a temporary order of protection. The hearing date may be continued at the request of either party for good cause or by the court. If the hearing date is continued, the temporary order of protection must remain in effect until the court conducts a hearing. At the hearing, the court shall determine whether good cause exists for the temporary order of protection to be continued, amended, or made permanent.   (2) The respondent may request an emergency hearing before the end of the 20-day period by filing an affidavit that demonstrates that the respondent has an urgent need for the emergency hearing. An emergency hearing must be set within 3 working days of the filing of the affidavit.   (3) The order of protection may not be made mutually effective by the court. The respondent may obtain an order of protection from the petitioner only by filing an application for an order of protection and following the procedure described in this chapter.   (4) (a) Except as provided in subsection (4)(b), evidence concerning a victim's sexual conduct is not admissible in a hearing under this section.   (b) Evidence of a victim's past sexual conduct with the offender or evidence of specific instances of the victim's sexual activity to show the origin of semen, pregnancy, or disease may be admitted in a hearing under this section only if that sexual conduct is at issue in the hearing.   (5) If a respondent proposes to offer evidence subject to subsection (4)(b), the trial judge shall order a separate hearing to determine whether the proposed evidence is admissible under subsection (4)(b).   History: En. Sec. 24, Ch. 350, L. 1995; amd. Sec. 3, Ch. 484, L. 1997; amd. Sec. 1, Ch. 311, L. 1999.
MT Code § 40-15-203 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 15. Partner and Family Member Assault, Sexual Assault, and Stalking -- Victim Protection|Part 2. Order of Protection|40-15-203. Attorney general to provide forms

  40-15-203. Attorney general to provide forms. The attorney general shall prepare uniform sample instructions, petition forms, and order forms for temporary orders of protection and for orders of protection. The attorney general shall distribute samples of the instructions, petitions, and forms to the clerk of the district court in each county and to justices', municipal, and city courts. The clerk of the district court, justices of the peace, and municipal and city court judges shall make forms available to the public at no charge.   History: En. Sec. 25, Ch. 350, L. 1995.
MT Code § 40-15-204 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 15. Partner and Family Member Assault, Sexual Assault, and Stalking -- Victim Protection|Part 2. Order of Protection|40-15-204. Written orders of protection

  40-15-204. Written orders of protection. (1) The court may, on the basis of the respondent's history of violence, the severity of the offense at issue, and the evidence presented at the hearing, determine that to avoid further injury or harm, the petitioner needs permanent protection. The court may order that the order of protection remain in effect permanently.   (2) In a dissolution proceeding, the district court may, upon request, issue either an order of protection for an appropriate period of time or a permanent order of protection.   (3) An order of protection may include all of the relief listed in 40-15-201, when appropriate.   (4) An order of protection may include restraining the respondent from any other named family member who is a minor. If this restriction is included, the respondent must be restrained from having contact with the minor for an appropriate time period as directed by the court or permanently if the court finds that the minor was a victim of abuse, a witness to abuse, or endangered by the environment of abuse.   (5) An order of protection issued under this section may continue for an appropriate time period as directed by the court or be made permanent under subsection (1), (2), or (4). The order may be terminated upon the petitioner's request that the order be dismissed.   (6) An order of protection must include a section that indicates whether there are any other civil or criminal actions pending involving the parties, a brief description of the action, and the court in which the action is filed.   (7) An amendment to a temporary order of protection or to an order of protection is effective only after it has been served in writing on the opposing party.   (8) There is no cost to file a petition for an order of protection or for service of an order of protection whether served inside or outside the jurisdiction of the court issuing the order.   (9) Any temporary order of protection or order of protection must conspicuously bear the following:   "Violation of this order is a criminal offense under 45-5-220 or 45-5-626 and may carry penalties of up to $10,000 in fines and up to a 5-year jail sentence.   This order is issued by the court, and the respondent is forbidden to do any act listed in the order, even if invited by the petitioner or another person. This order may be amended only by further order of this court or another court that assumes jurisdiction over this matter."   History: En. Sec. 26, Ch. 350, L. 1995; amd. Sec. 1, Ch. 186, L. 1997; amd. Sec. 1, Ch. 153, L. 2001.
MT Code § 40-15-302 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 15. Partner and Family Member Assault, Sexual Assault, and Stalking -- Victim Protection|Part 3. Jurisdiction, Venue, and Appeal -- Registration of Orders|40-15-302. Appeal to district court -- order to remain in effect

  40-15-302. Appeal to district court -- order to remain in effect. (1) An order issued by a justice's court, municipal court, or city court pursuant to 40-15-201 is immediately reviewable by the district judge upon the filing of a notice of appeal. The district judge may affirm, dissolve, or modify an order of a justice's court, municipal court, or city court made pursuant to 40-15-201 or 40-15-204.   (2) A case in which an order has been issued by a justice's court, municipal court, or city court pursuant to 40-15-201 or 40-15-204 may be removed to district court upon filing of a notice of removal.   (3) If a temporary order of protection or an order of protection issued by a court of limited jurisdiction is appealed or removed to an appellate court, the order continues in full force and effect unless modified by the appellate court.   History: En. Sec. 28, Ch. 350, L. 1995; amd. Sec. 4, Ch. 484, L. 1997.
MT Code § 40-15-303 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 15. Partner and Family Member Assault, Sexual Assault, and Stalking -- Victim Protection|Part 3. Jurisdiction, Venue, and Appeal -- Registration of Orders|40-15-303. Registration of orders

  40-15-303. Registration of orders. (1) The clerk of court, justice of the peace, municipal court judge, or city court judge shall, within 24 hours of receiving proof of service of an order under 40-15-201, 40-15-204, or 40-15-301, mail a copy of the order or any extension, modification, or termination of the order, along with a copy of the proof of service, to the appropriate law enforcement agencies designated in the order, which shall, within 24 hours after receipt of the order, enter the order into the database of the national crime information center of the United States department of justice and may enter the order into any existing state or other federal registry of protection orders, in accordance with applicable law.   (2) Law enforcement agencies shall establish procedures, using an existing system for warrant verification and the database of the national crime information center of the United States department of justice, to ensure that peace officers at the scene of an alleged violation of an order of protection are informed of the existence and terms of the order.   History: En. Sec. 29, Ch. 350, L. 1995; amd. Sec. 10, Ch. 223, L. 2001.
MT Code § 40-15-401 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 15. Partner and Family Member Assault, Sexual Assault, and Stalking -- Victim Protection|Part 4. Uniform Interstate Enforcement of Domestic Violence Protection Orders|40-15-401. Short title

  40-15-401. Short title. This part may be cited as the "Uniform Interstate Enforcement of Domestic Violence Protection Orders Act".   History: En. Sec. 1, Ch. 223, L. 2001.
MT Code § 40-15-402 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 15. Partner and Family Member Assault, Sexual Assault, and Stalking -- Victim Protection|Part 4. Uniform Interstate Enforcement of Domestic Violence Protection Orders|40-15-402. Definitions

  40-15-402. Definitions. As used in this part, the following definitions apply:   (1) "Foreign protection order" means a protection order issued by a court of another state.   (2) "Issuing state" means the state whose court issues a protection order.   (3) "Mutual foreign protection order" means a foreign protection order that includes provisions in favor of both the protected individual seeking enforcement of the order and the respondent.   (4) "Protected individual" means an individual protected by a protection order.   (5) "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.   (6) "Respondent" means the individual against whom enforcement of a protection order is sought.   (7) "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. The term includes an Indian tribe or band that has jurisdiction to issue protection orders.   History: En. Sec. 2, Ch. 223, L. 2001; amd. Sec. 1, Ch. 259, L. 2003.
MT Code § 40-15-403 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 15. Partner and Family Member Assault, Sexual Assault, and Stalking -- Victim Protection|Part 4. Uniform Interstate Enforcement of Domestic Violence Protection Orders|40-15-403. Judicial enforcement of order

  40-15-403. Judicial enforcement of order. (1) A person authorized by the law of this state to seek enforcement of a protection order may seek enforcement of a valid foreign protection order in a court of this state. The court shall enforce the terms of the order, including terms that provide relief that a court of this state would lack power to provide but for this section. The court shall enforce the order, whether the order was obtained by independent action or in another proceeding, if it is an order issued in response to a complaint, petition, or motion filed by or on behalf of an individual seeking protection. In a proceeding to enforce a foreign protection order, the court shall follow the procedures of this state for the enforcement of protection orders.   (2) A court of this state may not enforce a foreign protection order issued by a court of a state that does not recognize the standing of a protected individual to seek enforcement of the order.   (3) A court of this state shall enforce the provisions of a valid foreign protection order that govern custody and visitation if the order was issued in accordance with the jurisdictional requirements governing the issuance of custody and visitation orders in the issuing state.   (4) A court of this state may not enforce under this part a provision of a foreign protection order with respect to support.   (5) A foreign protection order is valid if it:   (a) identifies the protected individual and the respondent;   (b) is currently in effect;   (c) was issued by a court that had jurisdiction over the parties and subject matter under the law of the issuing state; and   (d) was issued after the respondent was given reasonable notice and had an opportunity to be heard before the court issued the order or, in the case of an order ex parte, the respondent was given notice and had an opportunity to be heard before the order was issued or had an opportunity to be heard within a reasonable time after the order was issued, consistent with the rights of the respondent to due process.   (6) A foreign protection order valid on its face is prima facie evidence of its validity.   (7) Absence of any of the criteria for validity of a foreign protection order is an affirmative defense in an action seeking enforcement of the order.   (8) A court of this state may enforce provisions of a mutual foreign protection order that favor a respondent only if:   (a) the respondent filed a written pleading seeking a protection order from the court of the issuing state; and   (b) the court of the issuing state made specific findings in favor of the respondent.   History: En. Sec. 3, Ch. 223, L. 2001; amd. Sec. 2, Ch. 259, L. 2003.
MT Code § 40-15-404 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 15. Partner and Family Member Assault, Sexual Assault, and Stalking -- Victim Protection|Part 4. Uniform Interstate Enforcement of Domestic Violence Protection Orders|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.   (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.   History: En. Sec. 4, Ch. 223, L. 2001.
MT Code § 40-15-405 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 15. Partner and Family Member Assault, Sexual Assault, and Stalking -- Victim Protection|Part 4. Uniform Interstate Enforcement of Domestic Violence Protection Orders|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:   (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.   History: En. Sec. 5, Ch. 223, L. 2001.
MT Code § 40-15-406 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 15. Partner and Family Member Assault, Sexual Assault, and Stalking -- Victim Protection|Part 4. Uniform Interstate Enforcement of Domestic Violence Protection Orders|40-15-406. Immunity

  40-15-406. Immunity. This state or a local governmental agency or a law enforcement officer, prosecuting attorney, clerk of court, or any state or local governmental official acting in an official capacity is immune from civil liability for an act or omission arising out of the registration or enforcement of a foreign protection order or the detention or arrest of an alleged violator of a foreign protection order if the act or omission was done in good faith in an effort to comply with this part.   History: En. Sec. 6, Ch. 223, L. 2001.
MT Code § 40-15-407 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 15. Partner and Family Member Assault, Sexual Assault, and Stalking -- Victim Protection|Part 4. Uniform Interstate Enforcement of Domestic Violence Protection Orders|40-15-407. Other remedies

  40-15-407. Other remedies. A protected individual who pursues remedies under this part is not precluded from pursuing other legal or equitable remedies against the respondent.   History: En. Sec. 7, Ch. 223, L. 2001.
MT Code § 40-15-408 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 15. Partner and Family Member Assault, Sexual Assault, and Stalking -- Victim Protection|Part 4. Uniform Interstate Enforcement of Domestic Violence Protection Orders|40-15-408. Uniformity of application and construction

  40-15-408. Uniformity of application and construction. In applying and construing this part, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.   History: En. Sec. 8, Ch. 223, L. 2001.
MT Code § 40-16-101 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 16. Family Law Arbitration|Part 1. Uniform Family Law Arbitration Act|40-16-101. Short title

  40-16-101. Short title. This part may be cited as the Uniform Family Law Arbitration Act.  History: En. Sec. 1, Ch. 32, L. 2021.
MT Code § 40-16-102 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 16. Family Law Arbitration|Part 1. Uniform Family Law Arbitration Act|40-16-102. Definitions

  40-16-102. Definitions. As used in this part, the following definitions apply:  (1) "Arbitration agreement" means an agreement that subjects a family law dispute to arbitration.   (2) "Arbitration organization" means an association, agency, board, commission, or other entity that is neutral and initiates, sponsors, or administers an arbitration or is involved in the selection of an arbitrator.   (3) "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.   (4) "Child-related dispute" means a family law dispute regarding the parenting or financial support of a child.   (5) "Court" means the district court.   (6) "Family law dispute" means a contested issue arising under Title 40.   (7) "Party" means an individual who signs an arbitration agreement and whose rights will be determined by an award.   (8) "Person" means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal entity.   (9) "Record", used as a noun, means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.   (10) "Sign" means, with present intent to authenticate or adopt a record:   (a) to execute or adopt a tangible symbol; or   (b) to attach to or logically associate with the record an electronic symbol, sound, or process.   (11) "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. The term includes a federally recognized Indian tribe.   History: En. Sec. 2, Ch. 32, L. 2021.
MT Code § 40-16-103 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 16. Family Law Arbitration|Part 1. Uniform Family Law Arbitration Act|40-16-103. Scope

  40-16-103. Scope. (1) This part governs arbitration of a family law dispute.  (2) This part does not authorize an arbitrator to make an award that:   (a) grants a legal separation, dissolution of marriage, or invalidity of marriage;   (b) terminates parental rights;   (c) grants an adoption or a guardianship of a child or incapacitated individual; or   (d) issues an order of protection pursuant to Title 40, chapter 15.   History: En. Sec. 3, Ch. 32, L. 2021.
MT Code § 40-16-104 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 16. Family Law Arbitration|Part 1. Uniform Family Law Arbitration Act|40-16-104. Applicable law

  40-16-104. Applicable law. (1) Except as otherwise provided in this part, the law applicable to arbitration is Title 27, chapter 5.  (2) In determining the merits of a family law dispute, an arbitrator shall apply the law of this state, including its choice of law rules.   History: En. Sec. 4, Ch. 32, L. 2021.
MT Code § 40-16-105 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 16. Family Law Arbitration|Part 1. Uniform Family Law Arbitration Act|40-16-105. Arbitration agreement

  40-16-105. Arbitration agreement. (1) An arbitration agreement must:  (a) be in a record signed by the parties;   (b) identify the arbitrator, an arbitration organization, or a method of selecting an arbitrator;   (c) identify the family law dispute the parties intend to arbitrate; and   (d) specify how notice to arbitrate is to be given.   (2) Except as otherwise provided in subsection (3), an agreement in a record to arbitrate a family law dispute that arises between the parties before, at the time, or after the agreement is made is valid and enforceable as any other contract and irrevocable except on a ground that exists at law or in equity for the revocation of a contract.   (3) An agreement to arbitrate a child-related dispute that arises between the parties after the agreement is made is unenforceable unless:   (a) the parties affirm the agreement in a record after the dispute arises; or   (b) the agreement was entered during a family law proceeding and the court approved or incorporated the agreement in an order issued in the proceeding.   (4) If a party objects to arbitration on the ground the arbitration agreement is unenforceable or the agreement does not include a family law dispute, the court shall decide whether the agreement is enforceable or includes the family law dispute.   History: En. Sec. 5, Ch. 32, L. 2021.