Yes, you can be arrested or charged with partner or family member assault (PFMA) hours, days, or months after an incident. A decision not to arrest at the scene, or the fact that you had left before police arrived, does not close the matter. The prosecutor can file a complaint, and a judge can issue a warrant or a summons. The outer limit is the statute of limitations: 1 year for a misdemeanor and 5 years for a felony. This page explains the process. It is part of our Montana Domestic Violence Guide.
Why a Charge Can Come Later
An officer's power to arrest without a warrant is tied to the moment. It applies when a person is committing an offense, or has committed one "and existing circumstances require immediate arrest" (MCA § 46-6-311(1)). When the person is gone, or the officer is not yet satisfied about what happened, the officer can write a report and send it to the city or county attorney instead.
When an officer responds to a reported incident of domestic violence and does not arrest, a written report giving the reasons is required (MCA § 46-6-601). That report, with any later interviews, photographs, or medical records, is what the prosecutor reviews. See does someone have to go to jail for the arrest decision itself.
Three Ways a Delayed Case Begins
| Document | Who issues it | What happens | MCA |
|---|---|---|---|
| Arrest warrant | A court, after finding probable cause from a complaint | An officer arrests you and brings you before a judge | §§ 46-6-201, 46-6-214 |
| Summons | A court, in its discretion or at the prosecutor's request | You are ordered to appear in court on a date | § 46-6-201 |
| Notice to appear | A peace officer who could have arrested without a warrant | A written notice directing you to appear at a set time and place | § 46-6-310 |
Ignoring a summons or a notice to appear turns it into the first row: if the judge is satisfied that the person has not appeared or will not appear, the judge "may at once issue an arrest warrant" (MCA § 46-6-212(1)).
What a Warrant Contains and Where It Reaches
A Montana arrest warrant must be in writing, set forth the nature of the offense, name or describe the person, state when and where it was issued, be signed by the judge, and command that the person be arrested and brought before the nearest or most accessible court for an initial appearance. It may specify the amount of bail (MCA § 46-6-214).
A warrant may be directed to all peace officers in the state and may be executed in any county (MCA § 46-6-215). An officer may arrest on reasonable grounds to believe a warrant has been issued in this state, and need not have the paper in hand. After the arrest, the warrant must be shown to the person as soon as practicable if the person asks (MCA §§ 46-6-210, 46-6-216).
Timing has one rule special to this offense. A person ordinarily may not be arrested at home at night for a misdemeanor committed at some other time and place unless a judge directs it on the warrant. The same section says a person may be arrested at home at night when the arrest is made under § 46-6-311 for partner or family member assault (MCA § 46-6-105).
The Statute of Limitations
| Offense level | Prosecution must be commenced within | MCA |
|---|---|---|
| Misdemeanor (first or second PFMA, violation of a no contact order) | 1 year after it is committed | § 45-1-205(2)(b) |
| Felony (third or subsequent PFMA, strangulation of a partner or family member) | 5 years after it is committed | § 45-1-205(2)(a) |
Three details change how those periods work:
- The clock starts the day after. "Time starts to run on the day after the offense is committed" (MCA § 45-1-205(7)(a)).
- Filing stops it, not arrest. A prosecution is commenced "when an indictment is found or an information or complaint is filed" (MCA § 45-1-205(8)). A complaint filed within the period can lead to an arrest after it.
- Some time does not count. The period does not run during any period in which the person "is not usually and publicly resident within this state or is beyond the jurisdiction of this state" (MCA § 45-1-206(1)). Leaving Montana does not run out the clock.
For limitations purposes an offense is designated a felony or a misdemeanor by the maximum potential sentence the statute allows (MCA § 45-1-201(1)). Whether a PFMA is a misdemeanor or a felony depends on prior convictions. See is PFMA a felony.
If You Learn There Is a Warrant
Do not wait for it to go away, and do not try to resolve it by calling the other person. Contact about the case can make things worse, and contact that a court order prohibits is a crime.
A lawyer can find out what was filed and what bail, if any, the warrant specifies, and can contact the court about how to appear. Expect to go before a judge. Under MCA § 46-9-302(1), a person "may not be released on bail without first appearing before the judge" when the offense is any assault on a partner or family member. An arrested person must be brought before a judge without unnecessary delay (MCA § 46-7-101(1)), and how soon that happens depends on the day and the court. See bail in a PFMA case.
You will also be given notice of a no contact order if the court has a standing one. The statute requires that notice "at the time that the offender is charged with or arrested for" PFMA (MCA § 45-5-209(2)). See the 72-hour no contact order.
While You Wait
The period between an incident and a charge is a time when a case can be damaged. Do not give a statement to an investigator without talking to a lawyer first: see talking to police. Do not delete messages, photographs, or call logs. Do not ask anyone to change what they told police. Keep your own records, and see preserving evidence for your defense.
A&M Law defends PFMA and other domestic violence charges in Western Montana. See our PFMA defense page or contact us.
This page explains Montana law in general as of the 2025 Montana Code Annotated. It is not legal advice about your specific case.