46-6-601. Written report when no arrest made in domestic violence situation. When a peace officer is called to the scene of a reported incident of domestic violence but does not make an arrest, the peace officer shall file a written report with the officer commanding the law enforcement agency employing the peace officer, setting forth the reason or reasons for the decision.
Montana Code Annotated
Mont. Code Ann. § 46-6-601 (2026)
Written Report When No Arrest Made In Domestic Violence Situation
✓ current as of May 2026
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TITLE 46. CRIMINAL PROCEDURE
CHAPTER 6. ARREST
Part 6. Domestic Violence Provisions
Written Report When No Arrest Made In Domestic Violence Situation
History: En. Sec. 2, Ch. 700, L. 1985; amd. Sec. 36, Ch. 800, L. 1991; Sec. 46-6-421, MCA 1989; redes. 46-6-601 by Code Commissioner, 1991.
Notes of Decisions
Cited in 2
cases, 2004–2019 · leading case: Massee v. Thompson, 2004 MT 121 (Mont. 2004).
Massee v. Thompson, 2004 MT 121 (Mont. 2004). “NOTES [1] The Massees also argued that the Sheriff failed to comply with § 46-6-601, MCA (1993 and 1995). We will not discuss this statute or its application to this case because no evidence was presented that violation of this statute caused Vickie's death.”
McClammy v. Halloran (D. Mont. 2019). “” In fact, Mont. Code Ann. § 46-6-601 affirmatively requires a police officer to file a written report with the officer in command when the officer fails to make an arrest when called to the scene of a reported domestic assault incident.”
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