2021 Montana Code Annotated
Title 40. Family Law
Chapter 16. Family Law Arbitration
Part 1. Uniform Family Law Arbitration Act
40-16-112. Protection of party or child
40-16-112. Protection of party or child. (1) As used in this section, "protection order" means an injunction or other order, issued under the domestic violence, family violence, or stalking laws of the issuing jurisdiction, to prevent an individual from engaging in a violent or threatening act against, harassment of, contact or communication with, or being in physical proximity to another individual who is a party or a child under the custodial responsibility of a party.
(2) If a party is subject to a protection order or an arbitrator determines there is a reasonable basis to believe a party's safety or ability to participate effectively in arbitration is at risk, the arbitrator shall stay the arbitration and refer the parties to court. The arbitration may not proceed unless the party at risk affirms the arbitration agreement in a record and the court determines:
(a) the affirmation is informed and voluntary;
(b) arbitration is not inconsistent with the protection order; and
(c) reasonable procedures are in place to protect the party from risk of harm, harassment, or intimidation.
(3) If an arbitrator determines that there is a reasonable basis to believe a child who is the subject of a child-related dispute is abused or neglected, the arbitrator shall terminate the arbitration of the child-related dispute and report the abuse or neglect to the department of public health and human services.
(4) An arbitrator may make a temporary award to protect a party or child from harm, harassment, or intimidation.
(5) On motion of a party, the court may stay arbitration to review a determination or temporary award under this section.
(6) This section supplements remedies available under law of this state for the protection of victims of domestic violence, family violence, stalking, harassment, or similar abuse.
History: En. Sec. 12, Ch. 32, L. 2021.
