In the first two days after an arrest for partner or family member assault (PFMA) in Montana, four things usually happen: you are booked into jail, you are served with a no contact order, you wait to see a judge because you cannot post bail on your own, and you make a first court appearance where release and conditions are decided. This page walks through that sequence. It is the overview for the first-days section of our Montana Domestic Violence Guide.
One caution about the title. "48 hours" is a common way to describe this stretch, not a deadline in the Montana statutes cited here. The law uses the phrase "without unnecessary delay."
The Timeline at a Glance
| Step | What happens | MCA |
|---|---|---|
| Arrest and booking | You are taken to the county detention center. An officer must seize any weapon used or threatened in the alleged assault. | § 46-6-603(1) |
| No contact order served | An officer gives you notice of the order out loud and in writing. It lasts 72 hours or until your first appearance. | § 45-5-209(2), (4) |
| Held until you see a judge | You cannot post bail from the posted schedule. A judge has to see you first. | § 46-9-302(1) |
| Initial appearance | The judge tells you the charge and your rights, asks about a lawyer, and decides release. | §§ 46-7-102, 46-9-109(1) |
| Order reviewed | The court reviews the no contact order and can amend it or continue it. | § 45-5-209(6) |
| Release with written conditions | The release order lists every condition in writing. The detention center tries to notify the alleged victim. | §§ 46-9-110, 46-9-108(4) |
Arrest and Booking
Montana law calls arrest "the preferred response" in partner or family member assault situations that involve injury, a weapon, a violation of a restraining order, or other imminent danger (MCA § 46-6-311(2)). After an arrest you are taken to the county detention center for booking. An officer who responds to a PFMA call is required to seize the weapon used or threatened in the alleged assault (MCA § 46-6-603(1)).
Separately, and outside your presence, the officer gives the other person a written notice of rights that describes orders of protection and other remedies (MCA § 46-6-602). That is why a civil order can appear within days of the criminal charge.
Why You Cannot Simply Post Bail
Where a judge has posted a bail schedule, an officer can accept bail under it and the person can leave (MCA § 46-9-302(2)). PFMA is an exception. The statute says a person "may not be released on bail without first appearing before the judge" when the offense is any assault on a partner or family member (MCA § 46-9-302(1)(a)).
How long that takes is not fixed by a number. An arrested person must be taken before the nearest and most accessible judge "without unnecessary delay" (MCA § 46-7-101(1)). An arrest late on a Friday can mean a longer wait than one on a Tuesday morning, and practice varies by court. Our page on bail in a PFMA case covers how the release decision is made.
The No Contact Order Starts Immediately
A court may issue a standing no contact order that officers serve on anyone charged with or arrested for PFMA. Where one exists, the officer gives you notice of it orally and in writing at the time of the arrest or charge (MCA § 45-5-209(1), (2)). The order can prohibit contact in person, through a third party, by telephone, by electronic communication, and in writing, and can require you to stay up to 1,500 feet from the protected person's location.
It is effective for 72 hours or until your first appearance (MCA § 45-5-209(4)). A violation is its own offense, each contact or attempt counts separately, and the statute says that consent of the protected person is not a defense (MCA § 45-5-209(8)). That includes calls from the jail. Our pages on the 72-hour no contact order and what counts as contact go into detail.
The First Court Appearance
At the initial appearance, which may be in person or by two-way video, the judge must tell you the charge, your right to counsel, your right to have counsel assigned if you qualify, the general circumstances for pretrial release, and your right to refuse to make a statement (MCA § 46-7-102(1)). The judge must also tell you that a conviction may result in the loss of various firearm rights under state and federal law.
Release or detention is determined at that appearance (MCA § 46-9-109(1)), and the court reviews the no contact order and amends it if appropriate (MCA § 45-5-209(6)). See the initial appearance for a fuller account.
Walking Out With Conditions
A release order must include a written statement of every restriction or condition (MCA § 46-9-110). The conditions the statute lists include no contact, no firearms, no alcohol, and electronic monitoring (MCA § 46-9-108). When a person accused of PFMA is admitted to bail, the detention center must make reasonable attempts to notify the alleged victim of the release (MCA § 46-9-108(4)).
If you are in danger yourself, call 911. The National Domestic Violence Hotline is 1-800-799-7233 and is open to anyone.
What to Read Next
| Topic | What it covers |
|---|---|
| Bail and release | How a judge decides whether you get out and on what terms. |
| The initial appearance | What the judge must tell you and what gets decided. |
| Where you can live | What to do when the order keeps you away from your home. |
| Your children | Whether the order covers them and how parenting time is handled. |
| Monitoring conditions | GPS, alcohol testing, and who pays for them. |
| Mistakes to avoid | The actions that turn one charge into several. |
| Saving evidence | What to keep, and how to keep it, starting now. |
| Your job | Missed shifts, shared workplaces, and jobs that involve firearms. |
| Firearms during the case | Seizure, release conditions, and federal law. |
| Public defenders | Who qualifies and how counsel is assigned. |
| Arrested while visiting | How the case works if you live in another state. |
For how the firm approaches these charges, 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.