40-15-402. Definitions. As used in this part, the following definitions apply:

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Terms Used In Montana Code 40-15-402

  • Foreign protection order: means a protection order issued by a court of another state. See Montana Code 40-15-402
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Issuing state: means the state whose court issues a protection order. See Montana Code 40-15-402
  • 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.
  • 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
  • United States: includes the District of Columbia and the territories. See Montana Code 1-1-201

(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.