Montana Domestic Violence Guide

Can the Victim Drop PFMA Charges in Montana?

The person named as the victim is a witness, not a party. The decision to continue or dismiss belongs to the prosecutor and the court.

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: August 30, 2026

Key Takeaways: Can the Victim Drop PFMA Charges in Montana?

A criminal charge is filed in the name of the state, county, or municipality, not the alleged victim (MCA § 46-11-401(1)).
A case can be dismissed by the court on its own motion or on the prosecutor's application (MCA § 46-13-401(1)). The alleged victim has no power to dismiss it.
The prosecutor must consult the alleged victim about dismissal, release, plea negotiations, and diversion (MCA § 46-24-104). Consulting is not the same as obeying.
The other person agreeing to contact does not lift a no contact order. Consent is not a defense to violating one (MCA § 45-5-209).
Trying to get a witness to change a statement, stay silent, or skip court can be felony witness tampering (MCA § 45-7-206).
If the other person wants to be heard, the proper channel is the prosecutor's office or a victim advocate, never you.

No. In Montana the person named as the victim cannot drop a partner or family member assault (PFMA) charge, because that person did not bring it. The charge belongs to the State or the city, and only the prosecutor and the court can end it. This page explains what the statutes say, what the other person's wishes can and cannot do, and why you should never try to influence them. It is part of our Montana Domestic Violence Guide.

Who the Parties Are in a Criminal Case

People often say someone "pressed charges." Montana law does not work that way. A charge must be in writing "in the name of the state or the appropriate county or municipality" (MCA § 46-11-401(1)). A complaint can be signed by a peace officer or the prosecutor (MCA § 46-11-401(3)), so a case can begin without the alleged victim signing anything.

The two parties are the government and the defendant. The person the charge says was hurt or frightened is a witness. That person has rights in the process, which we cover in the alleged victim's role in court, but being a witness does not include the power to start or stop the prosecution.

Who Can Dismiss a PFMA Charge

The dismissal statute is short. A court may order a complaint, information, or indictment dismissed "either on its own motion or upon the application of the prosecuting attorney and in furtherance of justice" (MCA § 46-13-401(1)). For a felony, the court must also find good cause and state its reasons in an order.

So there are two routes to dismissal: the prosecutor asks, or the judge acts. A judge can also dismiss for legal reasons the defense raises, such as a speedy trial violation. None of these routes runs through the alleged victim.

What the Other Person's Wishes Can Do

Their views are not ignored. Montana requires the prosecutor, as soon as possible before the case is resolved, to consult with the victim of a felony or of a misdemeanor involving actual, threatened, or potential bodily injury, in order to obtain the victim's views on (MCA § 46-24-104):

dismissal of the case,
release of the accused pending judicial proceedings,
plea negotiations, and
pretrial diversion.

A PFMA charge fits that description. The statute requires the prosecutor to ask and listen. It does not require the prosecutor to follow what is said. If the case ends in a conviction, the court must also permit the victim to give a statement at sentencing, including an opinion about the appropriate sentence (MCA § 46-18-115(4)(a)).

Why a Case Can Continue Without Their Support

A prosecutor decides whether to go forward by looking at all of the evidence. In a domestic case that may include a 911 recording, body camera video, photographs, medical records, statements made at the scene, and what the officers saw. If the prosecutor believes that evidence is enough, the case can continue even when the other person asks that it stop. A witness who has been subpoenaed is commanded to appear and testify (MCA § 46-15-101).

Whether the remaining evidence is actually admissible and sufficient is a separate question, and often the central one for the defense. We cover it in when the other person recants or will not testify and the 911 call as evidence.

What You Must Not Do

This is the part of the page that matters most. If you are charged, do not ask the other person to drop the case, change a statement, write a letter, call the prosecutor, or stay away from court. Do not ask a friend or relative to raise it for you.

The no contact order. An order under MCA § 45-5-209 prohibits contact, and the statute says consent of the protected person is not a defense. Each contact can be charged as a separate offense. See what counts as contact.
Witness tampering. A person who, believing a proceeding is pending, purposely or knowingly attempts to induce a witness to testify falsely, withhold testimony, elude a subpoena, or not appear commits a felony punishable by up to 10 years in prison, a fine of up to $50,000, or both (MCA § 45-7-206). See witness tampering and contacting the other person.
Release conditions. A court may order you to avoid all contact with an alleged victim and any potential witness (MCA § 46-9-108(1)(e)). A violation can put your release at risk.

Follow the order exactly. If there is something the prosecutor should know, your lawyer is the one to say it.

If You Are the Person Named as the Victim

You can tell the prosecutor's office what you want, and the law requires them to consult you. You have the right, on request, to have a victim advocate present when you are interviewed about the offense (MCA § 46-24-106(7)). You may also talk with a lawyer of your own. No one, including the accused person or their family, is allowed to pressure you about your testimony. If you are in danger, call 911. The National Domestic Violence Hotline is 1-800-799-7233.

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 When the Alleged Victim Recants Spousal Privilege in Domestic Cases Prior Acts Evidence Discovery in a PFMA Case

FAQ

Can the Victim Drop PFMA Charges in Montana? FAQ

Can the alleged victim drop a PFMA charge in Montana?

No. The charge is brought in the name of the state or the city, and the statute on dismissal gives that power to the court, acting on its own motion or on the application of the prosecuting attorney (MCA § 46-13-401(1)). The alleged victim can tell the prosecutor what they want, and the prosecutor is required to ask, but the decision is not theirs.

What if the other person tells the prosecutor they do not want to press charges?

The prosecutor has to consult the alleged victim about dismissal and plea negotiations and obtain their views (MCA § 46-24-104). Those views are weighed along with the rest of the evidence, such as the 911 recording, photographs, and officer observations. Some cases end after that conversation and many do not. No one can promise which way it will go.

Can I ask my partner to call the prosecutor for me?

No. If a no contact order is in place, asking is itself contact, and consent of the protected person is not a defense (MCA § 45-5-209). Beyond the order, attempting to induce a witness to withhold testimony or not appear is a separate felony (MCA § 45-7-206). Any communication about the case should go through your lawyer.

Will the case be dismissed if the other person does not come to court?

Not automatically. A witness can be subpoenaed, and the State may try to prove the case with other evidence. See our page on when the other person recants or will not testify.

Can the other person be charged for contacting me while the order is in place?

Under the no contact order statute, a protected person may not be charged with a violation of a no contact order (MCA § 45-5-209). You can be, even if they reached out first. See if the protected person contacts you.

Wondering Whether Your Case Can Be Dismissed?

We can review the evidence and tell you what a prosecutor is likely to weigh. Call 406-830-3060 for a confidential consultation.

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