Mont. Code Ann. » 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
Montana Code Annotated

Mont. Code Ann. § 40-15-302 (2026)

Appeal To District Court -- Order To Remain In Effect

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 40
  3. CHAPTER 15
  4. Part 3
  5. 40-15-302 Appeal to district court -- order to remain in effect

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.

Notes of Decisions
Cited in 5 cases (1 in the last 5 years), 2000–2021 · leading case: In re Anderson, 2018 MT 155, 420 P.3d 1018.
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In re Anderson, 2018 MT 155, 420 P.3d 1018. · cites it 6× “As provided by Montana Code Annotated § 40-15-302, the Respondent had the right to appeal the final Order of Protection issued November 23, 2015.”
Fortin v. Not Afraid, 2017 MT 115N. · cites it 7× “Not Afraid filed an appeal with the Twelfth Judicial District Court pursuant to § 40-15-302, MCA. The District Court “denied” her appeal on December 2, 2016.”
Marriage of Stone, No. DA 21-0094 (Mont. Mar. 9, 2021). · cites it 2× “See § 40-15-302(1), MCA. We decline to do so here because the parties are not properly before this Court.”
Wetherill v. Walters, 2000 MT 79N. · cites it 5× “Pursuant to § 40-15-302, MCA, a temporary order of protection is immediately reviewable by a district court upon the filing of a notice of appeal.”
Shaffer v. Shaffer, 2008 MT 345. · cites it 2× “Chester moved for reconsideration, arguing no time limitation for appeal was applicable under § 40-15-302, MCA. The District Court issued an order refusing to reconsider, citing § 25-33-102, MCA, which requires appeals to be filed within 30 days of rendition of judgment.”
Mont. Code Ann. § 40-15-302(1): 4 cases
In re Anderson, 2018 MT 155, 420 P.3d 1018. “As provided by Montana Code Annotated § 40-15-302, the Respondent had the right to appeal the final Order of Protection issued November 23, 2015.”
Fortin v. Not Afraid, 2017 MT 115N. “Not Afraid filed an appeal with the Twelfth Judicial District Court pursuant to § 40-15-302, MCA. The District Court “denied” her appeal on December 2, 2016.”
Marriage of Stone, No. DA 21-0094 (Mont. Mar. 9, 2021). “See § 40-15-302(1), MCA. We decline to do so here because the parties are not properly before this Court.”
Wetherill v. Walters, 2000 MT 79N. “Pursuant to § 40-15-302, MCA, a temporary order of protection is immediately reviewable by a district court upon the filing of a notice of appeal.”
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