Bail in a Montana PFMA Case

Bail in a Montana partner or family member assault (PFMA) case works differently from bail in most misdemeanors. You cannot pay a posted amount at the jail and leave. A judge has to see you first, and that judge decides whether you are released, whether money is required, and what conditions apply. This page explains each of those decisions. It is part of our Montana Domestic Violence Guide.

The PFMA Exception to the Bail Schedule

A judge may establish and post a schedule of bail for offenses the court handles, and a peace officer can accept bail under that schedule. The same statute then carves out domestic cases. A person "may not be released on bail without first appearing before the judge" when the offense is (MCA § 46-9-302(1)):

• any assault on a partner or family member;
• strangulation of a partner or family member;
• stalking;
• violation of an order of protection; or
• violation of a no contact order.

The practical result is time in custody until the initial appearance, which must take place "without unnecessary delay" (MCA § 46-7-101(1)). The statute does not state a number of hours. Our overview of the first 48 hours after an arrest puts that wait in context.

How the Judge Decides Release

Before a verdict, the court is to authorize release on reasonable conditions that ensure the defendant's appearance and protect the safety of the community or of any person (MCA § 46-9-106). The decision is made at the initial appearance (MCA § 46-9-109(1)).

The court may use a validated pretrial risk assessment tool and must take into account the available information about (MCA § 46-9-109(2)):

• the nature and circumstances of the offense charged, including whether it involved force or violence;
• your history and characteristics, such as family ties, employment, length of residence, past conduct, history relating to alcohol or drug abuse, criminal history, and record of appearing in court;
• whether you were on probation, parole, or pretrial release at the time;
• the nature and seriousness of the danger to any person or the community that release would pose; and
• in a case charged under the PFMA statute against an intimate partner, a dangerousness or lethality assessment if one is available to the court.

How the Amount Is Set

If the judge decides money bail is necessary, the amount must be reasonable. MCA § 46-9-301 lists what the amount has to reflect. It must be sufficient to ensure your presence, to ensure compliance with conditions, and to protect any person from bodily injury. It must not be oppressive, and it must be commensurate with the offense charged. The court also has to consider your financial ability, prior record, any history of absconding, how long you have lived in the community, family ties, mental health status, and employment status.

Those factors pull in different directions, and the statute does not rank them. Two people charged with the same offense can receive different amounts.

Forms of Bail

A commercial surety bond is an appearance bond only. It cannot be held or forfeited for fines, restitution, or violations of release conditions other than failure to appear (MCA § 46-9-503(5)). A bonding company charges for its service under its own contract, which is separate from anything the court orders.

Conditions That Come With Release

Money is only one part of the release order. The court may impose any condition that will reasonably ensure your appearance or the safety of any person or the community (MCA § 46-9-108(1)). The listed examples include:

• no new offenses during release;
• restrictions on personal associations, place of abode, and travel;
• no contact with the alleged victim, including the terms of a no contact order, and no contact with potential witnesses;
• regular reporting to an agency or pretrial services;
• a curfew;
• no firearms or other dangerous weapons;
• no alcohol or non-prescribed drugs, with an alcohol monitoring device where applicable; and
• mental health or chemical dependency treatment.

For certain charges, including a second or subsequent PFMA and strangulation of a partner or family member, there is a rebuttable presumption that the court will order electronic monitoring where it is available (MCA § 46-9-108(2)(a)). See GPS and alcohol monitoring on release.

There is a limit on all of this. The court may not impose an unreasonable condition that results in pretrial detention, and it must use the least restrictive condition or combination of conditions that will ensure appearance and protect any person or the community (MCA § 46-9-108(3)).

Changing Bail or Conditions Later

The first release order is not necessarily the last. On a motion by either party or the court, a hearing may be held on whether bail is set in the appropriate amount or whether other conditions would be enough (MCA § 46-9-109(3)). Either side may apply to increase, reduce, or substitute bail or alter conditions, with reasonable notice to the other (MCA § 46-9-311).

Requests like these are made to the court in writing or at a hearing, usually through a lawyer. They are never worked out directly with the protected person. Our page on changing or lifting a no contact order explains that process, and the initial appearance page covers the hearing where the first decision is made. If you qualify, a public defender can make the request.

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