No law requires you to hire a lawyer for a partner or family member assault (PFMA) charge in Montana. You may represent yourself, ask for a public defender, or retain private counsel. The better question is what the charge can cost you, because a first PFMA is a misdemeanor that reaches much further than a typical misdemeanor. This page lays out what is at stake and compares the three paths. It is the starting point for the hiring section of our Montana Domestic Violence Guide.
What a First PFMA Conviction Carries
People often look only at the fine. The statute and the laws that connect to it reach further.
| Area | What the law says | Source |
|---|---|---|
| Jail | A first conviction carries at least 24 hours and up to 1 year in county jail. | MCA § 45-5-206(3)(a)(i) |
| Fine | $100 to $1,000 on a first conviction. | MCA § 45-5-206(3)(a)(i) |
| Counseling | A counseling assessment and at least 40 hours of counseling, which you pay for. | MCA § 45-5-206(4) |
| Costs of the other person | The court must order payment of reasonable actual medical, housing, wage loss, and counseling costs. | MCA § 45-5-206(5) |
| Firearms | Federal law bars firearm and ammunition possession after a conviction that meets its definition of a misdemeanor crime of domestic violence. Whether a Montana PFMA meets it depends on the subsection. | 18 U.S.C. § 922(g)(9) |
| Parenting | A parenting court weighs physical abuse or the threat of it by one parent against the other parent or the child. | MCA § 40-4-212(1)(f) |
| The next charge | Prior convictions raise the minimums, and the statute sets no time limit on counting them. | MCA § 45-5-206(3) |
Two of these deserve a closer look. Whether a particular Montana conviction triggers the federal firearm ban depends on the subsection of conviction. In United States v. DeFrance, 124 F.4th 814 (9th Cir. 2024), the Ninth Circuit held that the bodily injury subsection, MCA § 45-5-206(1)(a), does not meet the federal definition, and it did not decide the other two. See does a Montana PFMA count under federal law before you assume either way. And a third or later conviction carries 30 days to 5 years, with any term over 1 year served in state prison (MCA § 45-5-206(3)(a)(iv)), so a first conviction matters long after the sentence ends.
Your Three Options
| Option | Who can use it | What to know |
|---|---|---|
| Represent yourself | Allowed if the court finds your waiver of counsel is knowing, voluntary, and intelligent. | You handle the evidence, the deadlines, the negotiations, and any trial yourself. |
| Public defender | Available if you cannot afford private counsel and jail is a sentencing option. You apply and file a financial statement. | The Office of State Public Defender assigns the lawyer. The assignment covers the criminal case. |
| Private lawyer | Anyone may hire one. | You choose the lawyer, and the same lawyer or firm can also take a related civil or family matter if you hire them for it. |
Representing Yourself
At the initial appearance the judge must tell you the charge, your right to counsel, and that a conviction may result in the loss of various rights regarding firearms under state and federal law (MCA § 46-7-102(1)). You will also be asked whether you want the aid of counsel (MCA § 46-8-101(1)). If you decline, the court has to be satisfied that you understand what you are giving up.
Going alone means you request the State's evidence yourself, meet the deadlines for pretrial motions, and negotiate directly with a prosecutor. It also means that what you say in those conversations is your own statement. The most common version of self-representation is not a trial at all. It is a guilty plea at the first appearance, entered to get the matter over with. Before doing that, read should I just plead guilty to PFMA.
A Public Defender
Public defenders are licensed attorneys assigned through the Office of State Public Defender, and criminal defense is a core part of that office's work. If you cannot afford private counsel, ask for one at your first appearance. Counsel is assigned right away, and eligibility is determined afterward on a sworn financial statement (MCA § 47-1-111). The appointment covers the criminal case. Our page on public defender versus private lawyer compares the two fairly.
A Private Lawyer
Hiring privately lets you choose who represents you and when the work starts, including before charges are filed. It also lets one lawyer or firm handle connected matters. That matters in domestic cases, because a PFMA charge often arrives with a petition for an order of protection, a divorce, or a parenting dispute. See what a PFMA defense lawyer does and how fees are set.
Cases That Travel With the Criminal Charge
A criminal appointment does not extend to a civil order of protection hearing, which can be set within 20 days of a temporary order (MCA § 40-15-202(1)). What you say under oath there can matter in the criminal case. If you face both, read getting a lawyer for an order of protection hearing and one lawyer for criminal and family cases.
Some people arrive at this page having been hurt themselves. If that is you, see accused and also a victim. Anyone in danger should call 911. The National Domestic Violence Hotline is 1-800-799-7233.
How to Decide
- Do you own or use firearms, for hunting, work, or military service?
- Do you share children with the other person, or expect a divorce or parenting case?
- Are you a noncitizen, or do you hold a professional license or security clearance?
- Do you have a prior conviction that could count under MCA § 45-5-206(3)(b)?
- Is there a dispute about what happened, such as self-defense or an accident?
A yes to any of these is a reason to get advice before deciding anything. Whatever you choose, follow every release condition and the no contact order exactly while the case is pending.
This page explains Montana law in general as of the 2025 Montana Code Annotated. It is not legal advice about your specific case.