You can appeal a partner or family member assault (PFMA) conviction in Montana, but the window is short and the type of appeal depends on the court. From a lower court you have 10 days to file a written notice. From Municipal Court or a justice's court of record, the District Court reviews the record for legal error. From a justice or city court that is not a court of record, the case is tried again. This page is part of our Montana Domestic Violence Guide.
Appeal Routes at a Glance
| Convicted in | Appeal goes to | Kind of review | Deadline | Source |
|---|---|---|---|---|
| Municipal Court (always a court of record) | District Court | Review of the record and questions of law | 10 days | § 3-6-110; U.M.C.R. App. 5(b)(3) |
| Justice's court of record | District Court | Review of the record and questions of law | 10 days | § 3-10-115; § 46-17-311(2) |
| Justice or city court that is not a court of record | District Court | A new trial (trial de novo), with a jury of six available | 10 days | § 46-17-311(1) and (2) |
| District Court (felony cases) | Montana Supreme Court | Review of the record for legal error | 60 days after entry of judgment | M. R. App. P. 4(5)(b)(i) |
A municipal court must be a court of record (MCA § 3-6-101(1)). A county may establish its justice's court as a court of record, in which case its proceedings are recorded and its appeals follow MCA § 3-10-115 (MCA § 3-10-101(5)). Missoula County Justice Court's published local rules are titled as rules of the "Missoula County Justice Court of Record." Courts elsewhere in Western Montana differ, so the first step in any appeal is confirming which kind of court entered the judgment.
Appeals on the Record: Municipal Court
A party may appeal to District Court from a municipal court judgment or order. "The appeal is confined to review of the record and questions of law" (MCA § 3-6-110(1)). The record is the electronic recording or transcript of the case together with all papers filed (MCA § 3-6-110(2)). The same wording governs a justice's court of record (MCA § 3-10-115(1) and (2)).
On this kind of appeal, the District Court does not hear witnesses again. It may affirm, reverse, or amend the judgment, or direct that a new trial or further proceeding be held in the lower court (MCA § 3-6-110(3)). What can be argued is therefore tied to what happened below. In general, failure to make a timely objection during trial waives the objection (MCA § 46-20-104(2)), which is why the pretrial and trial work described in the PFMA court process matters to an appeal.
Trial De Novo: Courts Not of Record
Where the justice or city court is not a court of record, "all cases on appeal from a justice's or city court must be tried anew in the district court and may be tried before a jury of six" (MCA § 46-17-311(1)). The case starts over, and the District Court is not reviewing the lower court's rulings. Within 30 days of a timely notice of appeal, the lower court transfers its entire record to the District Court (MCA § 46-17-311(3)).
There are two cautions. A guilty or nolo contendere plea waives the trial de novo (MCA § 46-17-203(2)(a)). And if you fail to appear for a scheduled date or miss a deadline in the District Court, the court may dismiss the appeal, the jury trial right is considered waived, and the original judgment is reinstated (MCA § 46-17-311(5)).
The 10-Day Deadline
The defendant appeals "by filing written notice of intention to appeal within 10 days after a judgment is rendered following trial" (MCA § 46-17-311(2)). For municipal courts, the Montana Uniform Municipal Court Rules of Appeal to District Court state that in criminal cases an appeal from a judgment must be taken within 10 days (Rule 5(b)(3)), and those rules also apply to a justice's court of record unless the Supreme Court adopts others (MCA § 3-10-115(4)).
If the notice is late, the lower court has no duty to transmit the record, although a defendant may petition the District Court to order it sent upon a showing of good cause for the late filing (MCA § 46-17-311(3)). Do not plan on that. Ten days pass quickly, and a decision about appeal should be made within the first few days after sentencing. Our page on the sentencing hearing covers what happens on that day.
Felony Cases: The Montana Supreme Court
A felony conviction in District Court, such as a third or subsequent PFMA, is appealed to the Montana Supreme Court. The appeal must be taken within 60 days after entry of the judgment (M. R. App. P. 4(5)(b)(i)). A defendant may appeal only from a final judgment of conviction and from orders after judgment that affect the defendant's substantial rights (MCA § 46-20-104(1)).
This is a review for legal error on the written record. It is not a second trial.
What Stays in Force During an Appeal
If an appeal is taken, a sentence to pay a fine must be stayed, a sentence of imprisonment must be stayed if the defendant is admitted to bail, and a person admitted to probation remains on probation or posts bail (MCA § 46-20-204). Those provisions are about the sentence. They do not suspend a separate order of protection, and you should assume any no contact condition continues unless a court tells you in writing that it has ended.
Other consequences of the conviction, including firearm restrictions, raise their own questions while an appeal is pending. Do not act on an assumption that the appeal has undone the conviction.
Is an Appeal the Right Step?
An appeal is one of several things that can follow a conviction. Depending on the case, a motion to withdraw a plea (MCA § 46-16-105(2)) or, later and only if you qualify, a request for expungement may be more suitable. Which path fits depends on what happened in the lower court and what you are trying to achieve. No lawyer can promise the result of an appeal, but a lawyer can tell you quickly whether there is an issue worth raising and which deadline applies.
This page explains Montana law in general as of the 2025 Montana Code Annotated and current court rules. It is not legal advice about your specific case.