Montana Domestic Violence Guide

If the Protected Person Contacts You

The order binds you, not them. Montana's statute says so in plain words, and the order you were handed repeats it.

Written by

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 11, 2026

If the person protected by a Montana no contact order calls, texts, or shows up, you are still the one who can be arrested. The statute says that consent of the protected person is not a defense and that the protected person may not be charged (MCA § 45-5-209(8)(b)). The answer is always the same: do not respond, keep a record, and tell your lawyer. This page is part of our Montana Domestic Violence Guide.

What the Statute Says

Section 45-5-209(8)(b) has three sentences, and each one matters here:

"Each contact or attempt to make contact with each protected person, directly or indirectly, is a separate offense. Consent of the protected person to prohibited contact is not a defense. A protected person may not be charged with a violation of a no contact order."

The order served at arrest has to repeat the point. Its required wording includes: "You may be arrested even if the person protected by the no contact order invites or allows you to violate the prohibitions" (MCA § 45-5-209(5)). So the warning is on the paper you were given.

Why the Law Is Written This Way

A no contact order is not an agreement between two people. It is an order of the court in a criminal case, where the parties are the State and the defendant. The protected person is not a party who can waive it, any more than they can dismiss the charge. See can the victim drop the charges.

The order is also directed at one person. It tells the defendant what the defendant may not do. That is why the statute bars charging the protected person, and why the question of who made the first call does not decide whether you violated it.

The Same Rule for Orders of Protection

Civil orders of protection follow the same approach. Every temporary or final order must carry a notice that the respondent "is forbidden to do any act listed in the order, even if invited by the petitioner or another person," and that the order "may be amended only by further order of this court or another court that assumes jurisdiction" (MCA § 40-15-204(9)).

The criminal statute for violations adds that only the respondent may be cited, and the petitioner who filed for the order may not be cited for violating it (MCA § 45-5-626(2)). Our page on violating an order of protection covers the penalties.

What to Do When They Call or Text

Do not answer and do not reply. Not to say you cannot talk, not to say you love them, not to ask them to stop. A reply is contact by you.
Do not respond through someone else. A message passed through a friend or relative is third-party contact. See what counts as contact.
Save everything. Keep texts, voicemails, call logs, and messages exactly as they arrived. Do not edit or delete them.
Write down what happened. Note the date, time, and method while it is fresh.
Tell your lawyer promptly. Your lawyer decides whether and how to bring it to the prosecutor or the court.

Our page on preserving evidence for your defense explains how to keep records in a form that can be used.

If They Come to Where You Are

If the protected person arrives at the place you are staying, your workplace, or somewhere you happen to be, leave if you can do so safely, and do not engage in conversation. If your order includes a distance of up to 1,500 feet from their location, staying put after they arrive can become a knowing violation. If you cannot leave, for example at your job, do not interact, and contact your lawyer as soon as possible.

The offense requires that you purposely or knowingly violate the order (MCA § 45-5-209(8)(a)). An arrival you did not arrange is not that, but what you do afterward will be looked at closely.

The Lawful Way to Restore Contact

If both of you want contact, the route is a changed order. The judge must review the order at the first appearance, and the court can amend release conditions at any time on a reasonable basis, on the motion of either party (MCA §§ 45-5-209(6), 46-9-108(3)). Your lawyer can file that motion.

The protected person can make their own wishes known to the prosecutor's office or the court. That has to be their own choice, made without any request or pressure from you or from anyone acting for you. Asking them to speak up is itself contact, and attempts to influence what a witness says or whether they appear can be charged as a felony. See witness tampering.

How Their Contact Fits Into Your Case

Contact started by the protected person is not a defense to a violation charge, but it is not irrelevant to everything. A record of it may bear on a request to modify the order, and it may bear on other issues in the case. How to use it, and whether to use it at all, is a judgment for your lawyer. It does not change the rule for you today: follow the order exactly.

If you are the protected person reading this and you are in 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 Getting Your Belongings From Home Changing or Lifting a No Contact Order Temporary Orders of Protection The Order of Protection Hearing

FAQ

If the Protected Person Contacts You FAQ

The protected person says they want to see me. Is that allowed?

No, not while the order is in place. A no contact order is the court's order, and only the court can change it. The statute says consent of the protected person to prohibited contact is not a defense (MCA § 45-5-209(8)(b)).

Can they get in trouble for contacting me?

Not under the no contact order statute, which says a protected person may not be charged with a violation of the order. The order of protection statute is similar: only the respondent may be cited, and the petitioner may not be (MCA § 45-5-626(2)). The order restricts your conduct, not theirs.

They moved back in with me. Am I violating the order?

If the order prohibits contact or sets a distance, living together is contact, whoever suggested it. Each contact with each protected person is a separate offense. Talk to a lawyer right away about asking the court to change the order, and stay elsewhere until a judge rules.

Should I block their number?

That is a practical choice, and blocking is not required by statute. Whatever you choose, do not delete messages you have already received. They may matter to your defense, and destroying them creates its own problems. Ask your lawyer how to preserve them.

They want the order dropped. What can they do?

That is their decision to raise with the prosecutor's office, a victim advocate, or the court. You should not ask them to do it, coach them, or pass messages about it, because that is contact and may be treated as influencing a witness. Your lawyer can file a motion on your side. See changing or lifting a no contact order.

Getting Calls or Texts While Under an Order?

Do not answer them. Talk to a lawyer about the right way to bring it to the court. Call 406-830-3060 for a confidential consultation.

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