Marriage of Lockhead, 2013 MT 368

Temporary Order of Protection issued 1997 due to Adriana's allegations of abuse and intimidation by Brian.
Permanent Order of Protection issued 1999 after a hearing, based on ongoing safety concerns.
Brian filed a Motion to Vacate the Permanent Order of Protection in November 2012.
District Court denied the Motion to Vacate in December 2012 after considering the motion and affidavits.
Brian contends the orders were invalid for lack of notice/hearing and supporting findings; Adriana argues continued danger justified protection.
On appeal, the Montana Supreme Court affirms the district court, finding no abuse of discretion.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Abuse of discretion in denying vacate	Lockhead argues district court erred by denying vacatur without adequate consideration of affidavits.	Lockhead contends court properly weighed evidence and record, and acted within discretion.	No abuse of discretion; denial affirmed.
Timeliness of appeal and reviewability	Lockhead contends issues are timely and reviewable.	Lockhead did not timely appeal under MR App. P. 5(a)(1); issues barred.	Timeliness bar applied; issues not reviewable.
Preservation of claims raised for first time on appeal	Lockhead raises constitutional challenges not preserved below.	Issues raised for the first time are untimely on appeal.	Arguments not preserved; review declined.

Schiller v. Schiller, 309 Mont. 431 (2002 MT 103) (abuse of discretion standard for orders of protection)
Newman v. Lichfield, 272 P.3d 625 (2012 MT 47) (abuse of discretion; reasonableness of trial judge's decision)
Akhtar v. Van Wetering, 642 P.2d 149 (1982) (untimeliness limits on issues raised on appeal)
Day v. Payne, 929 P.2d 864 (1996) (unpreserved issues cannot be reviewed)
Albrecht v. Albrecht, 266 P.3d 1275 (2011 MT 316) (motion to vacate permanent order requires record review)
Bock v. Smith, 107 P.3d 488 (2005 MT 40) (upholding denial of motion to vacate based on evidence of danger)