Estrategias de comunicación

however, no spouse shall be denied relief pursuant to this section by reason of the absence of a property interest in the dwelling unit; or

(d) Jointly occupied by the petitioner and a person other than the respondent; provided that the respondent has no property interest in the dwelling unit;

…

………. Address confidentiality program, creation--purpose, procedures--application, contents-- certification as participant

MO.STAT.§589.663

There is created in the office of the secretary of state a program to be known as the “Address Confidentiality Program” to protect victims of domestic violence, rape, sexual assault, or

stalking by authorizing the use of designated addresses for such victims and their minor children. The program shall be administered by the secretary under the following application and

certification procedures:

(1) An adult person, a parent or guardian acting on behalf of a minor, or a guardian acting on behalf of an incapacitated person may apply to the secretary to have a designated address assigned by the secretary to serve as the person’s address or the address of the minor or incapacitated person;

(2) The secretary may approve an application only if it is filed with the office of the secretary in the manner established by rule and on a form prescribed by the secretary. A completed

application shall contain:

(a) The application preparation date, the applicant’s signature, and the signature and registration number of the application assistant who assisted the applicant in applying to be a program participant;

(b) A designation of the secretary as agent for purposes of service of process and for receipt of first-class mail, legal documents, and certified mail;

(c) A sworn statement by the applicant that the applicant has good reason to believe that he or she:

a. Is a victim of domestic violence, rape, sexual assault, or stalking; and b. Fears further violent acts from his or her assailant;

(d) The mailing address where the applicant may be contacted by the secretary or a designee and the telephone number or numbers where the applicant may be called by the secretary or the secretary’s designee; and

(e) One or more addresses that the applicant requests not be disclosed for the reason that

disclosure will jeopardize the applicant's safety or increase the risk of violence to the applicant or members of the applicant’s household;

(3) Upon receipt of a properly completed application, the secretary may certify the applicant as a program participant. A program participant is certified for four years following the date of initial certification unless the certification is withdrawn or cancelled before that date. The secretary shall send notification of lapsing certification and a reapplication form to a program participant at least four weeks prior to the expiration of the program participant’s certification;

(4) The secretary shall forward first-class mail, legal documents, and certified mail to the appropriate program participants.

MONTANA

Montana has enacted the following laws regarding survivors’ housing rights:

 Protection orders removing and excluding the respondent from the residence of the petitioner, regardless of ownership of the residence. MONT.CODE ANN.§40-15-201

 Address confidentiality program. MONT.CODE ANN.§§40-15-115through 40-15-121

………. Temporary order of protection

MONT.CODE ANN.§40-15-201

(1) A petitioner may seek a temporary order of protection from a court listed in 40-15-301. The petitioner shall file a sworn petition that states that the petitioner is in reasonable apprehension of bodily injury or is a victim of one of the offenses listed in 40-15-102, has a relationship to the respondent if required by 40-15-102, and is in danger of harm if the court does not issue a temporary order of protection immediately.

(2) Upon a review of the petition and a finding that the petitioner is in danger of harm if the court does not act immediately, the court shall issue a temporary order of protection that grants the petitioner appropriate relief. The temporary order of protection may include any or all of the following orders:

(e) removing and excluding the respondent from the residence of the petitioner, regardless of ownership of the residence;

…

(g) prohibiting the respondent from transferring, encumbering, concealing, or otherwise

disposing of any property except in the usual course of business or for the necessities of life and, if so restrained, requiring the respondent to notify the petitioner, through the court, of any proposed extraordinary expenditures made after the order is issued;

(h) directing the transfer of possession and use of the residence, an automobile, and other essential personal property, regardless of ownership of the residence, automobile, or essential personal property, and directing an appropriate law enforcement officer to accompany the petitioner to the residence to ensure that the petitioner safely obtains possession of the residence, automobile, or other essential personal property or to supervise the petitioner’s or respondent’s removal of essential personal property;

………. Policy--program

MONT.CODE ANN.§40-15-115

(1) It is the policy of this state to ensure the safety and security of a victim of partner or family member assault, sexual assault, or stalking or a person eligible to petition for an order of protection under 40-15-102 by providing the victim or eligible person with certain, limited services.

(2) The assistance and services provided by the state to implement the policy stated in subsection (1) are limited to a program administered by the department that provides to a participant:

(a) a substitute address that can be used by the participant for official purposes; and (b) a service that allows the department to:

(i) receive service of process and mail addressed to the participant; and

(ii) forward to the participant any process served on the participant and all mail received on the participant’s behalf.

………. Definitions

MONT.CODE ANN.§40-15-116

As used in 40-15-115 through 40-15-121, the following definitions apply:

(1) “Applicant” means a victim and includes a parent or guardian who acts on behalf of a victim. (2) “Department” means the department of justice.

(3) “Participant” means an applicant who has submitted an application pursuant to 40-15-117 that has been approved by the department.

(4) “Partner or family member assault” has the meaning provided in 45-5-206.

(5) “Sexual assault” means sexual assault as defined in 45-5-502, sexual intercourse without consent as defined in 45-5-503, incest as defined in 45-5-507, or sexual abuse of children as defined in 45-5-625.

(6) “Stalking” has the meaning provided in 45-5-220.

(7) “Victim” means an individual who has been a victim of partner or family member assault, sexual assault, or stalking or who is otherwise eligible to file a petition for an order of protection under 40-15-102.

………. Substitute address for participant--application

MONT.CODE ANN.§40-15-117

(1) A victim who is a resident of this state may apply to the department to have a substitute address designated by the department to serve as the official address of the applicant.

MONTANA