Montana Domestic Violence Guide

Charged With PFMA When You Have Also Been Harmed

Being charged does not erase what has happened to you. The law has room for both facts, and your safety matters now.

Written by

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: October 11, 2026

Key Takeaways: Charged With PFMA When You Have Also Been Harmed

If you are in danger, call 911. The National Domestic Violence Hotline is 1-800-799-7233. Being charged does not disqualify you from help.
Montana law justifies force when a person reasonably believes it is necessary to defend against another's imminent use of unlawful force (MCA § 45-3-102).
Once you offer evidence of justifiable use of force, the State must prove beyond a reasonable doubt that your actions were not justified (MCA § 46-16-131).
Officers who see mutual aggression are told to identify the predominant aggressor using six listed considerations (MCA § 46-6-311(2)(b)).
A court cannot make a protective order mutual. A respondent who needs protection must file a separate petition (MCA § 40-15-202(3)).
A no contact order binds you even if you were the one harmed. Follow it, and tell your lawyer everything.

You can be charged with partner or family member assault (PFMA) and also be a person who has been harmed in the relationship. Montana law accounts for that in three places: the law of self-defense, the rule that officers look for the predominant aggressor, and your right to ask for your own order of protection. None of them works automatically, and each needs to be handled carefully while a charge is pending. This page explains them. It is part of our Montana Domestic Violence Guide.

Safety Comes First

If you are in danger now, call 911. The National Domestic Violence Hotline is 1-800-799-7233. A pending charge does not take away your right to call for help or to be protected, and asking for help is not a violation of an order. What an order may prohibit is your contact with the person it protects, so plan for your safety in ways that do not involve reaching out to them. A lawyer can help you sort out which is which.

How Self-Defense Works in Montana

Under MCA § 45-3-102, a person is justified in the use of force or threat to use force against another when and to the extent that the person reasonably believes the conduct is necessary for self-defense or the defense of another against the other person's imminent use of unlawful force. Three ideas sit in that sentence: the belief must be reasonable, the threat must be imminent, and the force must be limited to what is necessary.

The burden matters. In a criminal trial, when the defendant has offered evidence of justifiable use of force, the State has the burden of proving beyond a reasonable doubt that the defendant's actions were not justified (MCA § 46-16-131). There are limits. The justification is generally not available to a person who purposely or knowingly provokes the use of force, with narrow exceptions that include withdrawing in good faith and clearly indicating a desire to stop (MCA § 45-3-105).

Our pages on self-defense in a PFMA case and defending your child or someone else go further.

What Officers Are Told to Do at the Scene

When an officer responds to a PFMA complaint and it appears that the parties were involved in mutual aggression, the officer must evaluate the situation to determine who is the predominant aggressor, and may arrest only that person. The statute says the determination must be based on, but is not limited to, these considerations, regardless of who was the first aggressor (MCA § 46-6-311(2)(b)):

the prior history of violence between the partners or family members, if that information is available to the officer;
the relative severity of injuries received by each person;
whether an act of or threat of violence was taken in self-defense;
the relative sizes and apparent strength of each person;
the apparent fear or lack of fear between the partners or family members; and
statements made by witnesses.

Officers make this call quickly, sometimes with one person calm and the other visibly upset, and sometimes without knowing the history. If you believe the officer got it wrong, the place to show that is in court, through evidence. See predominant aggressor factors and if you called the police and got arrested.

Asking for Your Own Order of Protection

If the other person has petitioned for an order of protection against you, the court may not make that order mutually effective. A respondent may obtain an order of protection from the petitioner only by filing an application and following the same procedure (MCA § 40-15-202(3)). A person is eligible to petition whether or not the abuse was reported to law enforcement and whether or not charges were filed (MCA § 40-15-102(6)), and there is no cost to file (MCA § 40-15-204(8)).

Two cautions apply. First, a petition is sworn, and it describes events that are also the subject of your criminal case. It should be accurate, and your defense lawyer should see it before it is filed. Second, an order of protection is for safety. A court will look closely at a petition that appears to be filed only as a response to the other person's case. If you need protection, say so plainly and let the facts carry it.

The No Contact Order Still Binds You

This is the hardest part for many people in your position. If the criminal court issued a no contact order naming the other person as protected, you must follow it exactly, whatever the history between you. The statute says consent of the protected person to prohibited contact is not a defense, and that a protected person may not be charged with violating the order (MCA § 45-5-209(8)(b)). In plain terms, if they contact you and you answer, only you can be charged.

So do not reply, do not go to shared places to talk, and do not send messages through relatives. Keep any messages you receive exactly as they arrived. If the contact is threatening, call 911, and tell your lawyer.

What to Tell Your Lawyer

The history, not just the incident: earlier injuries, threats, and police calls, including ones where nothing was reported.
Your injuries from this incident. Photograph them and see a medical provider if you have not.
Records that already exist: medical visits, messages, photographs, prior reports, or earlier orders.
People who know, such as a relative, a counselor, or a coworker. Give names to your lawyer and do not ask them to do anything.
Your current safety concerns, including where you are staying and any concern for children.

Be complete, including about anything you did that you regret. Your lawyer cannot present a self-defense claim well with half the facts. For what to bring, see what to bring to your first meeting, and for the larger picture of defenses, see PFMA defenses.

This page explains Montana law in general as of the 2025 Montana Code Annotated. It is not legal advice about your specific case.

Montana Domestic Violence Guide Domestic Violence Defense Do I Need a Lawyer for a PFMA?What a PFMA Lawyer Costs What a PFMA Defense Lawyer Does Questions to Ask a PFMA Lawyer

FAQ

Charged With PFMA When You Have Also Been Harmed FAQ

I was defending myself. Why was I the one arrested?

An arrest is a decision made at the scene on limited information. When it appears the parties were involved in mutual aggression, the officer evaluates who is the predominant aggressor, considering history, injuries, self-defense, size and strength, apparent fear, and witness statements (MCA § 46-6-311(2)(b)). That evaluation can be wrong, and it does not decide the case. Self-defense is raised and tested in court.

Can I get an order of protection if I am the one charged?

The law does not bar it. A person may petition if in reasonable apprehension of bodily injury by a partner or family member, or if a victim of a listed offense, and eligibility does not depend on whether charges were filed (MCA § 40-15-102(1) and (6)). Because a petition is a sworn statement about the same events as your criminal case, talk to your defense lawyer before you file.

The other person keeps contacting me. Can I answer since they started it?

No. If a no contact order names them as the protected person, you may be arrested for contact even if they invite or allow it, and their consent is not a defense (MCA § 45-5-209(5) and (8)(b)). Do not reply. Save the messages without altering them and give them to your lawyer. See if the protected person contacts you.

Will telling my lawyer about past abuse help my case?

It may, and your lawyer needs to know either way. History between the parties bears on self-defense, on how the evidence is read, and on any order of protection or parenting case. What you tell your lawyer is confidential under Rule 1.6 of the Montana Rules of Professional Conduct, so you can speak freely.

Do I have to tell the prosecutor I am claiming self-defense?

Yes, through your lawyer and on a schedule. A defendant who intends to rely on justifiable use of force must give the prosecutor written notice within 30 days after arraignment, or at a later time the court permits for good cause (MCA § 46-15-323(2)). This is a notice your lawyer files. It is not a reason to explain yourself to police or the prosecutor directly.

Charged After You Were Hurt?

Tell us the whole history, not only the night of the arrest. Call 406-830-3060 for a confidential consultation.

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