Meanwhile 2 weeks before Judge Hayne - District Court Judge in Hamilton listed reasons of not being related, not a boyfriend and other reasons why he would NOT give me a Protective Order. So are there any RULES to what warrants a Protective Order? Are there in Laws in Montana what so ever that govern this, is anyone watching over Court Corruption at ALL. I did NOTHING wrong, I proved that, Judge Robin Clute Violated my Rights.
Is Judge Robin Clute Above the Law, or was she in the Right and Judge Hayne Violated the Law... something is Very Wrong in Lincoln and Ravalli County Montana. And the Rights of the Tax Paying Citizens has been Completely Stripped in every way.
If the Good Citizens speak out they are subject to Economic Terror - they are run out business or denied contracts. And many get death threats or worse.
Below is Judge Haynes Denial and Why, and THEN Judge ROBIN Clute Gave My Attacker a Protective Order Against Me.
Montana Code Annotated REASONS that Judge Hayne Gave / Cited as his Reason for Denying me a Protective Order. Also Below is that Original Signed Page from 8/21/09 and of course it is filmed in the Documentary www.BeneathTheBeauty.com
MCA 40-15-301
""40-15-301. Jurisdiction and venue. (1) District courts, justices' courts, municipal courts, and city courts have concurrent jurisdiction to hear and issue orders under 40-15-201.
(2) When a dissolution of marriage or parenting action involving the parties is pending in district court, a person may file a petition for an order of protection in a justice's, municipal, or city court only if the district court judge assigned to that case is unavailable or if the petitioner, to escape further abuse, left the county where the abuse occurred.
The petitioner shall provide a copy of relevant district court documents to the justice's, municipal, or city court, along with the petition. The justice of the peace, municipal court judge, or city court judge shall immediately certify the pleadings to the original district court after signing an order of protection under this subsection. The district court shall conduct the hearing unless both parties and both courts agree that the hearing may be conducted in the court of limited jurisdiction.
If the district court is unable to conduct a hearing within 20 days of receipt of the certified pleadings, it shall conduct a hearing within 45 days of the receipt of the pleadings, unless the hearing is continued at the request of either party for good cause or by the court. If the hearing is continued, the order of protection must remain in effect until the court conducts the hearing.
(3) If one of the parties to an order of protection files for dissolution of marriage or files a parenting action after the order of protection is filed but before the hearing is conducted, the hearing must be conducted in the court in which the order of protection was filed. Either party may appeal or remove the matter to the district court prior to or after the hearing.
If the district court is unable to conduct a hearing within 20 days of receipt of the certified pleadings, the district court shall conduct a hearing within 45 days of receipt of the pleadings. The hearing may be continued at the request of either party for good cause or by the court. If the hearing is continued, the order of protection must remain in effect until the court conducts the hearing.
(4) An action brought under this chapter may be filed in the county where the petitioner currently or temporarily resides, the county where the respondent resides, or the county where the abuse occurred. There is no minimum length of residency required to file a petition under this chapter.
(5) The right to petition for relief may not be denied because the petitioner has vacated the residence or household to avoid abuse.
(6) An order of protection issued under this section is effective throughout the state. Courts and law enforcement officials shall give full faith and credit to all orders of protection issued within the state.
(7) A certified copy of an order of protection from another state, along with proof of service, may be filed in a Montana court with jurisdiction over orders of protection in the county where the petitioner resides. If properly filed in Montana, an order of protection issued in another state must be enforced in the same manner as an order of protection issued in Montana. ""
MCA 40-15-102 (1) (a)
MCA 40-15-102 (1) (b)
MCA 40-15-102 (2) (b)
"" 40-15-102. Eligibility for order of protection.
(a) the petitioner is in reasonable apprehension of bodily injury by the petitioner's partner or family member as defined in 45-5-206; or
(b) the petitioner is a victim of one of the following offenses committed by a partner or family member:
(i) assault as defined in 45-5-201;
(ii) aggravated assault as defined in 45-5-202;
(iii) intimidation as defined in 45-5-203;
(iv) partner or family member assault as defined in 45-5-206;
(v) criminal endangerment as defined in 45-5-207;
(vi) negligent endangerment as defined in 45-5-208;
(vii) assault on a minor as defined in 45-5-212;
(viii) assault with a weapon as defined in 45-5-213;
(ix) unlawful restraint as defined in 45-5-301;
(x) kidnapping as defined in 45-5-302;
(xi) aggravated kidnapping as defined in 45-5-303; or
(xii) arson as defined in 45-6-103.
(2) The following individuals are eligible to file a petition for an order of protection against the offender regardless of the individual's relationship to the offender:
(a) a victim of assault as defined in 45-5-201, aggravated assault as defined in 45-5-202, assault on a minor as defined in 45-5-212, stalking as defined in 45-5-220, incest as defined in 45-5-507, sexual assault as defined in 45-5-502, or sexual intercourse without consent as defined in 45-5-503; or
(b) a partner or family member of a victim of deliberate homicide as defined in 45-5-102 or mitigated deliberate homicide as defined in 45-5-103.
(3) A parent, guardian ad litem, or other representative of the petitioner may file a petition for an order of protection on behalf of a minor petitioner against the petitioner's abuser. At its discretion, a court may appoint a guardian ad litem for a minor petitioner.
(4) A guardian must be appointed for a minor respondent when required by Rule 17(c), Montana Rules of Civil Procedure, or by 25-31-602. An order of protection is effective against a respondent regardless of the respondent's age.
(5) A petitioner is eligible for an order of protection whether or not:
(a) the petitioner reports the abuse to law enforcement;
(b) charges are filed; or
(c) the petitioner participates in a criminal prosecution.
(6) If a petitioner is otherwise entitled to an order of protection, the length of time between the abusive incident and the petitioner's application for an order of protection is irrelevant. ""
(1) A person may file a petition for an order of protection if: MCA 40-15-101
MCA 40-15-101.
""Purpose. The purpose of this chapter is to promote the safety and protection of all victims of partner and family member assault, victims of sexual assault, and victims of stalking. ""
I had Proof Sean was and Still is to this Day Stalking Me and Judge Hayne Denied me a Protective Order, Judge Clute used my Web Stats proving Sean was Stalking me to LIE and say I was stalking Him.
MCA 40-15-116
"" 40-15-116. Definitions. 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. ""
45-5-220. Stalking -- exemption -- penalty. (1) A person commits the offense of stalking if the person purposely or knowingly causes another person substantial emotional distress or reasonable apprehension of bodily injury or death by repeatedly:
(a) following the stalked person; or
(b) harassing, threatening, or intimidating the stalked person, in person or by mail, electronic communication, as defined in 45-8-213, or any other action, device, or method.
(2) This section does not apply to a constitutionally protected activity.
(3) For the first offense, a person convicted of stalking shall be imprisoned in the county jail for a term not to exceed 1 year or fined an amount not to exceed $1,000, or both. For a second or subsequent offense or for a first offense against a victim who was under the protection of a restraining order directed at the offender, the offender shall be imprisoned in the state prison for a term not to exceed 5 years or fined an amount not to exceed $10,000, or both. A person convicted of stalking may be sentenced to pay all medical, counseling, and other costs incurred by or on behalf of the victim as a result of the offense.
(4) Upon presentation of credible evidence of violation of this section, an order may be granted, as set forth in Title 40, chapter 15, restraining a person from engaging in the activity described in subsection (1).
(5) For the purpose of determining the number of convictions under this section, "conviction" means:
(a) a conviction, as defined in 45-2-101, in this state;
(b) a conviction for a violation of a statute similar to this section in another state; or
(c) a forfeiture of bail or collateral deposited to secure the defendant's appearance in court in this state or another state for a violation of a statute similar to this section, which forfeiture has not been vacated.
(6) Attempts by the accused person to contact or follow the stalked person after the accused person has been given actual notice that the stalked person does not want to be contacted or followed constitutes prima facie evidence that the accused person purposely or knowingly followed, harassed, threatened, or intimidated the stalked person. ""
Judge Hayne is a District Judge in Hamilton, he wrote down and signed all the reasons WHY he would NOT allow me a Protective Order against Sean Boushie - yet 2 weeks later I was Served a Protected Order Against me for Sean Boushie. So which judge is in the Right, which Judge Broke Montana State Laws. Why the Double Standards, why the Set up against me, Why was I denied all Due Process and Severely Discriminated Against.
Judge Hayne also Clarifies in this Document that You Do NOT legally qualify as a Victim in Montana unless a Criminal Offense has been committed. This means that the Person must have been convicted of committing the Offense.
So Why Does Judge Clute Hamilton JP not have to adhere to these laws but Judge Hayne puts these laws in place and Denies me Protection. I tried to Show Judge Robin Clute the above and she Yelled this is my Court and I don't Care what other Courts Say. So Montana Corruption?
Sean Boushie was Stalking me 7 months ago and continues to this Day, I was NEVER Stalking him only posting Factual Stats on my Website and Writing on My Blog in a Legal Manner. He Stalks me on PAID time at the University of Montana all day every day... week day.. He has Hate Sites, and Welcomes Members... posts hate and defamation on Craigs list over and over, emails me, threatens me and Still NO PROTECTION for Me.
I was not guilty of or Convicted of Stalking yet that is what Judge Clute based her Protective Order on and Meanwhile Sean Stalks me, emails me, attacks me defames, runs hate sites and groups against me and This Really is Stalking and NO One Does Anything. This really is Defamation and the LAW Does NOTHING. My Blogs are NOT Breaking the Law. Sean Boushie is Breaking the Law and He has a Protective order against me due to Corrupt Montana Courts.
Click on Judge Hayne Document to Enlarge
Posted by Crystal L. Cox
to defend My Life against
Montana Corruption.
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