Montana Code Annotated 2023

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

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.