Can a PFMA charge be dropped if the victim doesn't want to press charges?

No. Once the State files a PFMA charge, only the prosecutor can dismiss it, not the alleged victim. Even a recanting accuser won't end the case on their own, which is why early defense is critical.

Montana PFMA: What You Need to Know

A Partner or Family Member Assault charge can change your life in a matter of hours. Because it's charged so often (sometimes after a heated argument, sometimes on an exaggerated or false claim), it's worth understanding exactly what PFMA is and what's at stake before you ever need to.

What PFMA Is

PFMA is defined in Montana Code Annotated § 45-5-206. It generally applies when someone is accused of causing bodily injury to, or placing in reasonable fear of injury, a partner or family member. That category is broad: spouses and former spouses, co-parents, and people who live or have lived together.

The Penalties Escalate

First offense: misdemeanor, with possible jail, fines, and a mandatory program.
Second offense: misdemeanor, with a mandatory minimum jail term.
Third or subsequent: a felony, punishable by time in Montana State Prison.

Consequences Beyond Jail

A PFMA conviction can cost you your firearm rights under state and federal law, carry immigration consequences, and surface in custody disputes and background checks. These collateral consequences are often more damaging than the sentence itself.

The No-Contact Order and 'Dropping' Charges

After an arrest, the court typically imposes a no-contact order, which can keep you out of your own home. And many people are shocked to learn that the alleged victim cannot simply drop the charge; once the State is involved, only the prosecutor decides. That's exactly why having your own defense attorney from the start matters. Our PFMA Defense page explains your options.