Montana counts prior convictions for partner or family member assault using a list in MCA § 45-5-206(3)(b). It covers earlier PFMA convictions, similar convictions from other states, aggravated assault and assault with a weapon against a partner or family member, strangulation of a partner or family member, and certain bail forfeitures. The statute has no lookback period, so the age of a conviction does not take it off the list. This page is part of our Montana Domestic Violence Guide.
The number of qualifying convictions sets the sentencing range. A first offense carries 24 hours to 1 year in county jail. A second carries 72 hours to 1 year. A third or subsequent conviction carries 30 days to 5 years and a fine of up to $50,000 (MCA § 45-5-206(3)(a)). See when PFMA is a felony.
The Seven Things That Count
| § 45-5-206 | What counts as a conviction |
|---|---|
| (3)(b)(i) | A conviction, as defined in § 45-2-101, for partner or family member assault |
| (3)(b)(ii) | A conviction for "domestic abuse" under the same section |
| (3)(b)(iii) | A conviction for a violation of a similar statute in another state |
| (3)(b)(iv) | A conviction for aggravated assault (§ 45-5-202) or assault with a weapon (§ 45-5-213), if the offender was a partner or family member of the victim |
| (3)(b)(v) | A conviction for strangulation of a partner or family member (§ 45-5-215) |
| (3)(b)(vi) | A conviction in another state for an offense related to domestic violence between partners or family members, whatever it is called and whether misdemeanor or felony, if it involves conduct similar to that prohibited by §§ 45-5-202, 45-5-213, or 45-5-206 |
| (3)(b)(vii) | A forfeiture of bail or collateral, in Montana or another state, for a violation of a similar statute, if the forfeiture has not been vacated |
The first item points to the code's general definition of a conviction: "a judgment of conviction and sentence entered upon a plea of guilty or nolo contendere or upon a verdict or finding of guilty" (MCA § 45-2-101(16)). A no contest plea counts the same as a guilty plea.
Felony Assaults and Strangulation
Three Montana offenses other than PFMA are on the list. Aggravated assault and assault with a weapon count only if the offender was a partner or family member of the victim. Strangulation of a partner or family member always counts, because the relationship is already part of that offense.
The practical effect: a person with one of those convictions and no PFMA history can still face a later PFMA as a second offense.
Convictions From Other States
Two items reach outside Montana. One covers a conviction under "a statute similar to this section in another state." The other is wider. It covers an out-of-state offense "related to domestic violence between partners or family members," using Montana's definitions of those terms, "regardless of what the offense is named or whether it is misdemeanor or felony," if the conduct is similar to conduct prohibited by Montana's PFMA, aggravated assault, or assault with a weapon statutes.
Other states write their domestic violence laws differently. Some cover conduct Montana's PFMA statute does not, and some define the relationship differently. Whether a particular out-of-state conviction is similar enough is a legal question that requires the other state's statute and the record of the case.
Both items say "another state." The list does not mention tribal court or federal convictions, and the statute does not say how they are treated. If you have one, raise it with your lawyer early.
Bail Forfeitures
The last item surprises people. A forfeiture of bail or collateral that was deposited to secure an appearance in court, for a violation of a similar statute, counts as a conviction if the forfeiture has not been vacated (MCA § 45-5-206(3)(b)(vii)). It applies to forfeitures in Montana or in another state. Someone who posted bond years ago, never went back to court, and assumed the matter ended may have a countable prior without a trial or a plea.
No Lookback Period
Nothing in § 45-5-206(3) limits how far back the count reaches. The statute speaks of a first offense, a second offense, and a third or subsequent conviction, and then defines conviction. It does not say that a conviction older than a set number of years is ignored.
That does not mean every old entry on a record automatically counts. The State has to show that a qualifying conviction exists, and the list has limits. A charge that was dismissed, or that ended in an acquittal, is not a conviction. A case resolved with a deferred sentence raises its own questions, covered in deferred sentences and PFMA.
What Does Not Appear on the List
- Misdemeanor assault under MCA § 45-5-201.
- Aggravated assault or assault with a weapon where the victim was not a partner or family member.
- Offenses such as disorderly conduct, criminal mischief, or violating a court order. Those have their own penalties, but they are not named in § 45-5-206(3)(b).
- An arrest or charge that did not end in a conviction or a qualifying bail forfeiture.
This is one reason the difference between PFMA and assault matters long after a case closes.
Checking a Prior
If you are charged with a second or third offense, do not assume the count on the citation is right, and do not assume it is wrong. The answer is in the court records of each earlier case: what the charge was, how it ended, what the judgment says, and who the other person was. Those records can be requested from the courts involved, and comparing them against the seven items above is routine work for a defense lawyer.
A&M Law defends PFMA charges in Western Montana, including second and third offense cases. 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.