A misdemeanor partner or family member assault (PFMA) case in Montana generally has to reach trial within six months of the plea, unless the defendant postponed it or the court finds good cause for delay. Within that window, the pace depends on the court's calendar, how quickly evidence is produced, and whether the case is negotiated or tried. Felony cases have no six-month statute. This page walks through the fixed points and the things that move. It is part of our Montana Domestic Violence Guide.
The Deadlines the Statutes Set
| Stage | Timing | MCA |
|---|---|---|
| Arrest to first appearance | The standing no contact order served at arrest is effective for 72 hours or until the first appearance in court. | § 45-5-209(4) |
| First appearance | Release or detention is decided immediately, and the court reviews the no contact order. | §§ 46-9-109(1), 45-5-209(6) |
| Defense notices | Notice of defenses such as justifiable use of force is due within 30 days after arraignment, or later if the court allows. | § 46-15-323(2) |
| Omnibus hearing | Held within a reasonable time after a not guilty plea, and not less than 30 days before trial. | § 46-13-110(1) |
| Misdemeanor trial | Within 6 months after the plea is entered, unless the trial was postponed on the defendant's motion or good cause is shown. | § 46-13-401(2) |
| Appeal from justice or city court | Written notice of intention to appeal is due within 10 days after judgment. | § 46-17-311(2) |
Everything between these points is scheduled by the court. Two courts in the same county can move at different speeds.
The First Days
The earliest stage moves fastest. The no contact order served at arrest runs for 72 hours or until you first appear before a judge (MCA § 45-5-209(4)). At that appearance the court decides release, sets conditions, and reviews the order. Our pages on the first 48 hours after a PFMA arrest and the initial appearance cover that stage.
The Six-Month Misdemeanor Rule
MCA § 46-13-401(2) reads, in substance: after the entry of a plea upon a misdemeanor charge, the court, unless good cause to the contrary is shown, shall order the prosecution dismissed with prejudice if a defendant whose trial has not been postponed upon the defendant's motion is not brought to trial within 6 months.
Three parts of that sentence matter:
- The clock starts at the plea, not at the arrest.
- A defense postponement takes you outside the rule. The protection is for a defendant whose trial has not been postponed on the defendant's own motion.
- Good cause is an exception. The court can decline to dismiss if the State shows good cause for the delay.
The rule applies to misdemeanor charges. A first or second PFMA is punishable by up to 1 year in county jail, which is a misdemeanor sentence (MCA §§ 45-5-206(3)(a), 45-2-101(42)). The rule is a ceiling, not a forecast.
Felony Cases Move Differently
A third or later PFMA carries up to 5 years (MCA § 45-5-206(3)(a)(iv)), and strangulation of a partner or family member carries up to 5 years on a first offense (MCA § 45-5-215). Montana defines a felony as an offense for which the sentence imposed is imprisonment in a state prison for a term exceeding 1 year (MCA § 45-2-101(23)). When one of these charges is prosecuted as a felony, the six-month misdemeanor statute does not apply. What applies is the right to a speedy public trial in Article II, Section 24 of the Montana Constitution, which courts apply to the facts of each case. See our felony defense page.
What Slows a Case Down
- Evidence that arrives late. Body camera video, 911 audio, and medical records may come in stages. The prosecutor has a continuing duty to disclose new material (MCA § 46-15-327).
- Motions. A motion to suppress or dismiss needs briefing and often a hearing.
- Continuances. Either side may ask, and the court may grant one if the interests of justice require it (MCA § 46-13-202).
- The court's calendar. Jury trial dates are limited, and other cases compete for them.
- Negotiation. Talks sometimes wait on a counseling evaluation or other information.
- An appeal. Most cases appealed from a justice or city court are tried anew in district court (MCA § 46-17-311(1)), which restarts much of the process.
Faster Is Not Always Better
The quickest way to end a case is to plead guilty at the first appearance, and that is rarely a good reason to do it. See should I just plead guilty to PFMA. On the other hand, time under a no contact order is hard, especially when it keeps you from your home or limits time with your children. A lawyer can ask the court to adjust conditions while the case continues, which can matter more than the trial date. See changing or lifting a no contact order.
If a conviction results, the sentence has its own timeline. The counseling requirement is a minimum of 40 hours (MCA § 45-5-206(4)(b)), and probation can extend past it.
This page explains Montana law in general as of the 2025 Montana Code Annotated. It is not legal advice about your specific case.