Montana's partner or family member assault statute applies to dating relationships, including ones that have ended. The definition of "partners" in MCA § 45-5-206(2)(b) includes "persons who have been or are currently in a dating or ongoing intimate relationship." It does not require marriage, a shared home, or a child, and it does not depend on the sex of either person. This page is part of our Montana Domestic Violence Guide.

What the Definition of Partners Requires

The statute lists four kinds of partner: spouses, former spouses, persons who have a child in common, and persons who have been or are currently in a dating or ongoing intimate relationship. Only one needs to apply. This page is about the fourth.

Three features of the wording stand out:

  • Past or present. "Have been or are currently" covers both former and current relationships.
  • Two alternatives. "Dating or ongoing intimate relationship" is written with "or." A relationship can qualify as a dating relationship, or as an ongoing intimate one.
  • No further definition. The statute does not define "dating" or "intimate," and it sets no minimum length or level of commitment.

For the other categories, see who counts as a partner or family member.

Former Relationships

The definition has no expiration date. A person you dated and stopped seeing is still a person with whom you "have been" in a dating relationship. An incident between former partners, months or years after a breakup, can be charged as PFMA on the words of the statute.

Charges between former partners sometimes sit alongside other allegations, such as repeated unwanted contact. Those are different offenses with different elements. See stalking charges in Montana.

Same-Sex Relationships

The partner definition is written in neutral terms. It says "spouses," "former spouses," and "persons." Nothing in the current text limits it to couples of different sexes, so the statute applies to same-sex relationships on the same terms as any other. The same is true of the protections attached to the statute, such as the no contact order provisions in MCA § 45-5-209.

People Who Never Lived Together

Living together is not part of the partner definition. Two people who dated and kept separate homes are partners under the statute.

The reverse is also worth knowing. Sharing a home does not by itself make two people partners or family members. The statute does not list roommates. If two housemates have no dating, intimate, or family relationship, an assault between them is ordinarily charged under the general assault statute, MCA § 45-5-201. Our comparison of PFMA and assault explains what changes.

How the Relationship Is Shown

Because the relationship is an element, the prosecution has to prove it. The statute does not say how. In most cases it is not contested: both people describe themselves to officers as boyfriend and girlfriend, as partners, or as exes, and that goes into the report.

When it is contested, the evidence is the ordinary kind:

  • What each person told the 911 dispatcher and the responding officers.
  • Testimony from the people involved and from friends or relatives who knew them.
  • Messages, photographs, and social media posts.
  • Shared plans, trips, or other signs of how the two people treated the relationship.

Montana's statute gives no factors for deciding the question. For comparison only, federal firearm law defines a dating relationship as a "continuing serious relationship of a romantic or intimate nature," judged by its length, its nature, and the frequency and type of interaction, and says a casual acquaintanceship or ordinary fraternization in a business or social context does not qualify (18 U.S.C. § 921(a)(37)). That federal definition does not control a Montana PFMA charge. It matters when the question is whether a conviction affects firearm rights: see the federal firearm ban.

When the Relationship Is the Disputed Issue

Sometimes the real disagreement is whether two people were ever more than acquaintances, coworkers, or friends. If the State cannot prove a dating or ongoing intimate relationship, or another listed relationship, the charge does not meet the PFMA statute. That does not necessarily end the case, because the same conduct may be charged as assault. See not a partner or family member.

Whether to contest the relationship is a strategic choice that depends on the rest of the evidence and on what each possible conviction would carry. It is also not something to sort out with the other person directly. If a no contact order is in place, follow it exactly, including on social media and through mutual friends.

Practical Points If You Are Charged

  • Keep your own messages and photographs as they are. Do not delete or edit anything.
  • Do not post about the case or the other person.
  • Give your lawyer the full history of the relationship, including the parts you think look bad.

If you are in danger, call 911. The National Domestic Violence Hotline is 1-800-799-7233. A&M Law defends PFMA charges in Western Montana: see our PFMA defense page.

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