Montana Domestic Violence Guide

Out-of-State and Tribal Protection Orders in Montana

A protection order does not stop at a state line or a reservation boundary. Montana and federal law both say it follows the people it names.

Written by

Ashley Hurlbert, Partner, A&M Law

Licensed Montana attorney and co-founder of A&M Law. 18 years of experience as lead counsel in 50+ jury and bench trials. A Certified Mediator and Certified Guardian ad Litem focusing on family law, criminal defense, and DUI defense.

18 yearsReviewed by Misty GaubatzLast reviewed: October 9, 2026

Key Takeaways: Out-of-State and Tribal Protection Orders in Montana

Montana courts must enforce a valid foreign protection order, including terms a Montana court could not have ordered itself (MCA § 40-15-403(1)).
Tribal court orders count. The definition of state includes an Indian tribe or band with jurisdiction to issue protection orders (MCA § 40-15-402(7)).
Registration is not required. An officer can enforce an order on probable cause that it exists and was violated (MCA § 40-15-404).
Federal law requires every state and tribe to give full faith and credit to qualifying protection orders (18 U.S.C. § 2265).
An order is valid if the issuing court had jurisdiction and the respondent had notice and an opportunity to be heard.
Crossing a state line or entering or leaving Indian country intending to violate an order can be a federal crime (18 U.S.C. § 2262).

Montana enforces protection orders issued by courts in other states and by tribal courts, and it does so without requiring the order to be registered here first. The rules come from Montana's Uniform Interstate Enforcement of Domestic Violence Protection Orders Act (MCA §§ 40-15-401 to 40-15-408) and from the federal full faith and credit statute, 18 U.S.C. § 2265. This page is part of our Montana Domestic Violence Guide.

What Counts as a Foreign Protection Order

A "foreign protection order" is a protection order issued by a court of another state. A "protection order" is an injunction or other order issued under the domestic violence, family violence, sexual assault, or stalking laws of the issuing state to prevent violent or threatening acts, harassment, contact or communication, or physical proximity (MCA § 40-15-402(1), (5)).

"State" is defined broadly. It covers the states, the District of Columbia, Puerto Rico, the U.S. Virgin Islands, and other U.S. territories, and it "includes an Indian tribe or band that has jurisdiction to issue protection orders" (MCA § 40-15-402(7)). So an order from a tribal court is treated the same way as an order from Idaho or Washington.

When a Foreign Order Is Valid

A foreign protection order is valid if it (MCA § 40-15-403(5)):

identifies the protected individual and the respondent;
is currently in effect;
was issued by a court that had jurisdiction over the parties and the subject matter under the issuing state's law; and
was issued after the respondent had reasonable notice and an opportunity to be heard. For an ex parte order, the respondent must have been given notice and had, or will have within a reasonable time, an opportunity to be heard, consistent with due process.

An order that is valid on its face is prima facie evidence of its validity. The absence of any of those criteria is an affirmative defense in an action to enforce the order (MCA § 40-15-403(6), (7)). That means the respondent has to raise it, in court. It is not a reason to disregard an order.

How Montana Courts Enforce Them

A Montana 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" (MCA § 40-15-403(1)). The court follows Montana procedure for enforcing protection orders. A few limits apply:

Custody and visitation terms are enforced if the order was issued in line with the issuing state's jurisdictional requirements for custody orders (MCA § 40-15-403(3)).
Support terms are not enforced under this part (MCA § 40-15-403(4)).
In a mutual order, terms favoring the respondent are enforced only if the respondent filed a written pleading seeking protection and the issuing court made specific findings in the respondent's favor (MCA § 40-15-403(8)). The federal statute has a similar rule (18 U.S.C. § 2265(c)).

How Officers Enforce Them

A Montana law enforcement officer who finds probable cause to believe that a valid foreign protection order exists and has been violated "shall enforce the order as if it were the order of a court of this state" (MCA § 40-15-404(1)). Being shown an order that names both people and appears on its face to be in effect is probable cause that it exists. It can be on paper or in electronic form, and a certified copy is not required.

If no order is presented, the officer may consider other information (MCA § 40-15-404(2)). If the respondent has not been served, the officer informs the respondent of the order, tries to serve it, and allows a reasonable opportunity to comply before enforcing it (MCA § 40-15-404(3)). Montana's penalties for a violation are on our page about violating an order of protection.

Registration Is Optional

Any individual may register a foreign protection order by presenting a certified copy to the Montana Department of Justice, or to a court clerk or local law enforcement agency with a request that it be registered. The person registering files an affidavit from the protected individual that the order is, to the best of that person's knowledge, currently in effect. A registered order is entered into the national crime information center database, and no fee may be charged (MCA § 40-15-405). A certified copy from another state may also be filed in a Montana court in the county where the petitioner resides (MCA § 40-15-301(7)).

A respondent may not be told about registration. Under federal law, the enforcing jurisdiction does not notify the person the order is against that it has been registered or filed unless the protected party asks for that (18 U.S.C. § 2265(d)(1)).

The Federal Statutes

Section 2265(a) requires that a qualifying protection order from one state, tribe, or territory be given full faith and credit by the courts of another and enforced by its courts and law enforcement as if it were its own. An order qualifies if the issuing court had jurisdiction and the respondent received reasonable notice and an opportunity to be heard sufficient to protect due process (18 U.S.C. § 2265(b)). Section 2265(e) recognizes that a tribal court has full civil jurisdiction to issue and enforce protection orders involving any person in matters arising in the tribe's Indian country or otherwise within its authority.

A separate federal crime applies to travel. A person who travels in interstate or foreign commerce, or enters or leaves Indian country, with the intent to engage in conduct that violates the contact, harassment, or proximity terms of a protection order, and then does so, can be prosecuted under 18 U.S.C. § 2262. The maximum is 5 years where no injury or weapon is involved and higher where there is.

Federal firearm law can also apply to a person subject to a qualifying order. See orders of protection and guns.

If You Are the Respondent

Moving to Montana, or visiting, does not leave an order behind. To change or end it, you go back to the court that issued it. A Montana court enforces the order as written. If you were arrested here while visiting, see out-of-state visitor arrested for PFMA. For how Montana's own orders work, start with no contact order vs. order of protection and modifying or ending an order of protection.

This page explains Montana and federal law in general as of the 2025 Montana Code Annotated and the current United States Code. It is not legal advice about your specific case.

Montana Domestic Violence Guide Domestic Violence Defense No Contact Order vs. Order of Protection The 72-Hour No Contact Order No Contact as a Release Condition What Counts as Contact

FAQ

Out-of-State and Tribal Protection Orders in Montana FAQ

Is a restraining order from another state valid in Montana?

Yes, if it meets the validity test. Under MCA § 40-15-403(5), a foreign protection order is valid if it identifies the protected individual and the respondent, is currently in effect, was issued by a court with jurisdiction, and was issued after reasonable notice and an opportunity to be heard, or, for an ex parte order, with a hearing opportunity within a reasonable time afterward.

Does the order have to be registered in Montana first?

No. Registration or filing is not required for enforcement (MCA § 40-15-404(4)), and the federal statute says the same (18 U.S.C. § 2265(d)(2)). Registration with the Montana Department of Justice is available and free, but it is optional.

I was never served with the out-of-state order. Can I be arrested in Montana?

If an officer determines that an otherwise valid order cannot be enforced because you were not notified or served, the officer must inform you of the order, make a reasonable effort to serve it, and allow you a reasonable opportunity to comply before enforcing it (MCA § 40-15-404(3)). Once you know about the order, follow it.

Is a Montana order of protection enforceable in other states?

Federal law requires other states, tribes, and territories to enforce a protection order that meets the jurisdiction and notice requirements as if it were their own (18 U.S.C. § 2265(a), (b)). Within Montana, an order of protection is effective throughout the state (MCA § 40-15-301(6)).

Does a Montana criminal no contact order count as a protection order elsewhere?

The federal definition of protection order includes orders issued by a criminal court to prevent contact or communication with another person, so long as the order was issued in response to a complaint, petition, or motion filed by or on behalf of a person seeking protection (18 U.S.C. § 2266(5)). Whether a specific order fits is a legal question. Assume any no contact order follows you wherever you travel.

Dealing With an Order From Another Court?

Bring a copy of the order and we will explain how Montana treats it. Call 406-830-3060 for a confidential consultation.

Call 406-830-3060 Send a Message