Montana Domestic Violence Guide

Defending Your Child or Someone Else in a PFMA Case

Stepping in to protect another person, and a parent's authority over a child, are two separate defenses with separate limits.

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: September 9, 2026

Key Takeaways: Defending Your Child or Someone Else in a PFMA Case

The self-defense statute also covers defense of another: force is justified when and to the extent you reasonably believe it is necessary to protect someone from imminent unlawful force (MCA § 45-3-102).
A parent, guardian, or teacher is justified in using force that is reasonable and necessary to restrain or correct the person's child, ward, or pupil (MCA § 45-3-107).
A child is a family member under the PFMA statute, so a parent can be charged with PFMA for conduct toward a child (MCA § 45-5-206(2)(a)).
Once evidence of justification is offered, the State must prove beyond a reasonable doubt that the actions were not justified (MCA § 46-16-131).
Both defenses depend on how much force was used and why. Neither covers force used in anger after the need has passed.
A criminal case involving a child can run alongside a child protective services inquiry or a parenting case, each with its own rules.

Montana law recognizes two defenses that come up when a child or a third person is involved in a partner or family member assault (PFMA) case. You may use reasonable force to defend another person from imminent unlawful force, and a parent may use force that is reasonable and necessary to restrain or correct his or her own child. Both are real defenses, and both have limits that a judge or jury will examine closely. This page is part of our Montana Domestic Violence Guide.

Defense of Another Person: MCA § 45-3-102

The statute that covers self-defense covers defense of others in the same sentence. A person is justified in the use of force or threat to use force "when and to the extent that the person reasonably believes that the conduct is necessary for self-defense or the defense of another against the other person's imminent use of unlawful force."

The statute does not limit who the other person can be. It can be your child, a parent, a sibling, or anyone else. The same four questions apply as in any self-defense case: was the belief reasonable, was the threat imminent, was the force being defended against unlawful, and was the response limited to what was needed. Force likely to cause death or serious bodily harm is justified only to prevent imminent death or serious bodily harm, or a forcible felony.

Two details matter a great deal in these cases. First, timing: stepping between two people during an assault is different from confronting someone afterward about what he or she did. Second, the lawfulness of what the other person was doing. If the other adult was using lawful force, for instance defending against an attack, intervening on the attacker's side is not justified.

A Parent's Use of Force: MCA § 45-3-107

The full text of this statute is one sentence: "A parent or an authorized agent of a parent or a guardian, master, or teacher is justified in the use of force that is reasonable and necessary to restrain or correct the person's child, ward, apprentice, or pupil."

Three parts of that sentence do the work:

Who. A parent, a parent's authorized agent, a guardian, or a teacher, acting toward that person's own child, ward, or pupil.
Purpose. To restrain or correct. Holding a child back from running into a road is restraint. Discipline is correction. Force used to vent anger is neither.
Amount. Reasonable and necessary. The statute sets no list of permitted acts and no bright line, so each case is judged on its facts: the child's age and size, what the child was doing, what was done, and whether there was an injury.

Because "family member" in the PFMA statute includes children and stepchildren (MCA § 45-5-206(2)(a)), a parent or stepparent can be charged with PFMA based on discipline that the State says went too far. Our page on PFMA against a parent, sibling, or child covers the charge itself.

Who Has the Burden

Both defenses sit in the same part of the code, and a defense of justifiable use of force based on that part is an affirmative defense (MCA § 45-3-115). When the defendant has offered evidence of justifiable use of force, the State has the burden of proving beyond a reasonable doubt that the defendant's actions were not justified (MCA § 46-16-131).

The aggressor rule in MCA § 45-3-105 applies to defense of another under § 45-3-102. A person who purposely or knowingly provoked the confrontation cannot then claim to have been protecting someone, except in the narrow situations that section lists.

When the Child Is the Witness

In some of these cases a child saw what happened or is the person the State says was injured. That raises its own issues: how a child is interviewed, whether the child testifies, and how reliable a young child's account is. See children as witnesses.

Do not question your child about the incident, and do not ask a child what he or she plans to say. Even well-meant conversations can be described later as coaching or pressure, and a no contact order may forbid the contact altogether. Leave interviews to the professionals and communication to your lawyer.

The Other Cases That May Follow

A PFMA charge involving a child can lead to more than one proceeding. Three other tracks can follow:

Child protective services. A report to child protective services can be investigated separately from the criminal case. See child protective services after a domestic call. That process calls for a lawyer who handles those matters.
Other charges. The State sometimes adds or substitutes a different offense. See endangering the welfare of children.
Parenting cases. A criminal allegation can be raised in a parenting plan dispute whether or not it results in a conviction. See PFMA and child custody.

What you say in one of these proceedings can be used in the others, which is why they should be planned together.

Raising These Defenses

Written notice of a justifiable use of force defense is due within 30 days after arraignment unless the court allows later for good cause, and it must name the supporting witnesses other than the defendant (MCA § 46-15-323(2) and (4)). The evidence that can matter includes photographs, medical or school records, messages sent at the time, and the accounts of anyone who was present. Our overview of PFMA defenses shows how these fit with the others.

If a child or anyone else is in immediate 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 No Injury, No Fear It Was an Accident Not a Partner or Family Member When the Accusation Is Untrue

FAQ

Defending Your Child or Someone Else in a PFMA Case FAQ

Can I use force to protect my child from the other parent?

Montana law justifies force when and to the extent you reasonably believe it is necessary to defend another person against imminent unlawful force (MCA § 45-3-102). The threat has to be imminent and the force proportionate. If your child is in danger, call 911. Disagreements about parenting, as opposed to imminent harm, belong in family court.

Is spanking a child PFMA in Montana?

MCA § 45-3-107 says a parent is justified in using force that is reasonable and necessary to restrain or correct the parent's child. The statute does not list which acts qualify. Whether a particular act was reasonable and necessary is decided on the facts, and conduct outside that limit can be charged as PFMA because a child is a family member under MCA § 45-5-206(2)(a).

Does the parental discipline defense cover a stepparent or a partner?

The statute covers a parent, an authorized agent of a parent, a guardian, a master, or a teacher, acting toward that person's child, ward, apprentice, or pupil (MCA § 45-3-107). Whether a stepparent or a parent's partner was acting as an authorized agent of a parent depends on the facts of the household. It is not something to assume.

What if I was wrong about the danger?

The statute asks what you reasonably believed, so the question is whether a reasonable person in your position could have believed force was necessary at that moment. Evidence of what you saw and heard, and what you knew about the situation, becomes central.

Do I have to give notice of this defense?

Yes for justifiable use of force. The defendant must give the prosecutor written notice of the intention to introduce evidence of that defense within 30 days after arraignment, or later if the court allows for good cause, with the names of supporting witnesses (MCA § 46-15-323(2) and (4)). Your lawyer handles this.

Charged After Protecting or Disciplining a Child?

Ashley Hurlbert handles both criminal defense and family law matters, and can explain how the two cases affect each other. Call 406-830-3060 for a confidential consultation.

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