Criminal Defense

Domestic Violence Defense in Montana

Domestic violence allegations move fast and carry lasting consequences, including the loss of your home, your kids' time, and your firearm rights. You have rights too.

Written by

Ashley Hurlbert, Partner, A&M Law

Licensed Montana attorney and co-founder of A&M Law. 18 years of experience as lead counsel in 50+ jury and bench trials. A Certified Mediator and Certified Guardian ad Litem focusing on family law, criminal defense, and DUI defense.

18 yearsReviewed by Misty GaubatzLast reviewed: June 19, 2026

Few accusations turn a life upside down as quickly as domestic violence. Within hours of a single call, you can be arrested, ordered out of your own home, separated from your children, and facing a charge that threatens your firearm rights and your future. As an attorney who handles both criminal defense and family law, and who has been lead counsel in more than 50 trials, I understand how these cases work and how often they're tangled up with divorce and custody disputes.

What “Domestic Violence” Means in Montana

Montana doesn't have one catch-all domestic-violence statute. Allegations in a domestic context are charged under specific laws, most commonly:

Partner or Family Member Assault (PFMA, § 45-5-206), the primary charge; see our PFMA Defense page.
Stalking, repeated, unwanted contact or surveillance that causes fear.
Strangulation of a partner or family member, a serious felony.
Violation of an order of protection, a separate crime, even for minor or accidental contact.

The No-Contact Order and Your Home

After an arrest, the court will usually impose a no-contact order as a condition of release, potentially locking you out of a shared home and away from your children before you've had any chance to respond. We move quickly to address these conditions and, where the facts support it, ask the court to modify them so you aren't punished before the case is even heard.

When Allegations Arise From Divorce or Custody

It is an unfortunate reality that domestic-violence allegations sometimes surface as leverage in divorce and custody battles. Because I practice family law as well, I know how these accusations are used and how to expose them: through inconsistencies, communications, timing, and the absence of supporting evidence. The stakes reach well beyond the criminal case into your parenting rights.

How A&M Law Defends These Cases

We get ahead of the case immediately: protecting your rights at arraignment, working to modify harmful release conditions, and building a defense grounded in the actual evidence. Whether the path is self-defense, exposing false allegations, holding the State to its burden, or negotiating a resolution that protects your record and your rights, we prepare every case thoroughly, because your home, your children, and your future depend on it.

PFMA Defense Assault Defense Criminal Defense Family Law

FAQ

Frequently Asked Questions

What charges count as domestic violence in Montana?

Montana doesn't use a single 'domestic violence' charge. The most common is Partner or Family Member Assault (PFMA, § 45-5-206), but allegations in a domestic context can also be charged as stalking, strangulation of a partner or family member, criminal endangerment, or violation of an order of protection. Each carries its own penalties.

Can the alleged victim drop the charges?

No. Once the State files charges, only the prosecutor can dismiss them, not the accuser. Even when the alleged victim recants or wants the case to end, the prosecution can move forward on other evidence, which is why you need your own defense from the start.

What is an order of protection, and what happens if I violate it?

An order of protection (restraining order) can bar you from contacting the alleged victim, going near their home or work, or possessing firearms. Violating it is a separate crime; even accidental contact can lead to new charges. We help you understand the order's exact terms and, where appropriate, ask the court to modify them.

Will a domestic violence conviction affect my gun rights and custody?

Yes. A domestic-violence conviction can result in the loss of firearm rights under federal and state law, and it can be used against you in custody and parenting disputes. These collateral consequences are often more damaging than the criminal penalty itself, and a major reason to fight the charge.

What if the allegations are false?

False and exaggerated allegations are unfortunately common, especially during contentious divorces and custody fights. We investigate motive, inconsistencies, communications, and the absence of injury to expose allegations that don't hold up, and we hold the State to its burden of proof.

Accused of Domestic Violence? Call Now.

These cases move fast. Call 406-830-3060 for a free, confidential consultation before you speak to anyone.

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