Montana Domestic Violence Guide

Changing or Lifting a No Contact Order in Montana

A no contact order is not permanent by nature, but it changes in only one way: a judge signs a new order.

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: September 19, 2026

A Montana no contact order can be changed or lifted, but only by the judge in the criminal case. The court must look at it at your first appearance, and after that either side can ask the court to amend the conditions. Nothing the protected person says to you changes the order. This page explains the process and is part of our Montana Domestic Violence Guide.

The Built-In Review at First Appearance

The order served at arrest lasts 72 hours or until the first appearance. At that appearance, the court "shall review and amend, if appropriate, the no contact order" (MCA § 45-5-209(6)). This is the one review the statute guarantees, and it comes early, often before you have had much time to prepare.

If something about the order makes daily life unworkable, such as shared children, a shared workplace, or medication at the house, the first appearance is the first chance to say so. See the initial appearance.

Motions to Modify Later

Once no contact is part of your release conditions, two provisions in Title 46, chapter 9 govern changes:

MCA § 46-9-108(3): "At any time, the court may, upon a reasonable basis, amend the order to impose additional or different conditions of release upon its own motion or upon the motion of either party."
MCA § 46-9-311: on application by the State or the defendant, the court where the case is pending may alter the conditions of bail, and the applicant must give reasonable notice to the opposing party or their attorney.

Notice the phrase "either party." The prosecutor can also ask for stricter conditions. And the parties to a criminal case are the State and the defendant. The protected person is not a party and does not file this motion.

What the Judge Weighs

The statutes give the standard in general terms. Conditions are meant to reasonably ensure your appearance and the safety of any person or the community, and the court must use "the least restrictive condition or combination of conditions" that will do so (MCA § 46-9-108(1), (3)). A no contact order's conditions are those "necessary to enhance the safety of any protected person" (MCA § 45-5-209(1)).

The statutes do not list factors for a modification request. In our reading, a judge is looking for a reasonable basis: what has changed, what specific hardship the order causes, and whether the proposed change keeps people safe. A narrow request with a concrete plan is easier for a court to evaluate than a request to remove everything.

Modifying Versus Lifting

Section 45-5-209 says what an order may include, so a court has room to shape it. Depending on the facts, requests can include:

removing or shortening the distance term so both people can work or attend school;
allowing exchanges of children through a named third person;
allowing limited written communication on a specific subject, such as the children;
a one-time supervised visit to the home to collect belongings; or
ending the order altogether.

These are examples of what can be asked for, not a list of what any court will grant. Parenting time may also depend on orders in a family case. See seeing your children with a no contact order.

The Protected Person's Input

The no contact order statute does not give the protected person the power to lift the order, and it does not set out a procedure for their input on a modification. In practice their views reach the judge through the prosecutor's office or a victim advocate, or the judge may hear from them directly. How much weight that carries is up to the court. A judge can keep an order in place even when the protected person asks for it to end.

What you must not do is try to produce that input. Asking the protected person to call the prosecutor, write a letter, or come to court is contact, whether you do it yourself or through a relative. It can lead to a charge of violating the order, and pressure on a witness can be charged as witness tampering. If they reach out to you about it, do not reply. See if the protected person contacts you.

Until the Order Changes

Filing a motion changes nothing by itself. Neither does a prosecutor saying they will not object, or a hearing date being set. The existing order applies in full until the judge signs a new written one and you have a copy. A no contact order issued in court must be in writing (MCA § 45-5-209(7)).

Also check what else is in force. A civil order of protection is a different order from a different case, with its own process. See modifying or ending an order of protection.

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 Temporary Orders of Protection The Order of Protection Hearing Responding to an Order of Protection Modifying or Ending an Order of Protection

FAQ

Changing or Lifting a No Contact Order in Montana FAQ

Can the alleged victim have the no contact order dropped?

They cannot drop it themselves. The order belongs to the court, and the statute says their consent to contact is not a defense. They are free to tell the prosecutor's office or the court what they want, and a judge may take that into account, but the judge decides.

How soon can I ask to change a no contact order?

At your first appearance, when the judge is required to review the order. After that, the release conditions statute allows the court to amend conditions at any time on a reasonable basis. There is no waiting period in the statute. How quickly a motion is heard depends on the court's calendar.

Can the order be changed to allow contact about our children?

A court can be asked to do that. The statute says what an order may include, which leaves the judge room to tailor it, for example by allowing exchanges through a third person or limited written communication about the children. Whether a judge agrees depends on the facts. See exchanging children under a no contact order.

If the judge lifts the no contact order, can we live together again?

Only if no other order stands in the way. A civil order of protection is separate and is not affected by a change in the criminal case. Check for other release conditions too, such as a restriction on where you live.

The judge said in court that contact was fine. Is that enough?

Get it in writing. The statute requires a no contact order issued in court to be in writing, and an officer responding to a call will go by the written order on file. Ask your lawyer for a copy of the amended order before you have any contact.

Need a No Contact Order Changed?

We can review your order and explain how a request to the court works. Call 406-830-3060 for a confidential consultation.

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