When the person accused of partner or family member assault (PFMA) is under 18, the case does not go through the adult criminal courts. It goes to Youth Court under the Montana Youth Court Act, where the vocabulary, the procedure, the possible outcomes, and the records rules are all different. The underlying definition of the offense is the same. This page is for parents and for young people. It is part of our Montana Domestic Violence Guide.
If anyone in the home is in danger, call 911. The National Domestic Violence Hotline is 1-800-799-7233.
How a Teenager Fits the PFMA Statute
PFMA is defined by the relationship between the two people. "Family member" means mothers, fathers, children, brothers, sisters, and other past or present family members of a household, and those relationships "continue regardless of the ages of the parties" (MCA § 45-5-206(2)(a)). "Partners" includes persons who have been or are currently in a dating or ongoing intimate relationship (MCA § 45-5-206(2)(b)).
So a fight between a 16-year-old and a parent, a sibling, a stepparent, or a boyfriend or girlfriend can be treated as an alleged PFMA. See PFMA against a parent, sibling, or child and dating relationships and PFMA.
Youth Court, Not Criminal Court
A "youth" is an individual who is less than 18 years of age (MCA § 41-5-103). The Youth Court has exclusive original jurisdiction of all proceedings in which a youth is alleged to be a delinquent youth, and over any person under 21 charged with having violated a state law before turning 18, with exceptions for traffic and fish and game laws and for cases filed in district court under § 41-5-206 (MCA § 41-5-203(1)).
| Point | Adult accused of PFMA | Youth accused of PFMA |
|---|---|---|
| Court | An adult criminal court | Youth Court (MCA § 41-5-203(1)) |
| Charging document | Complaint or information | Petition signed by the county attorney, titled "In the Matter of ..., a youth" (MCA § 41-5-1402) |
| Result if proved | Conviction | Adjudication as a delinquent youth, which may not be deemed a criminal conviction (MCA § 41-5-106) |
| Outcome | Fine, jail, and counseling under MCA § 45-5-206 | Dispositions under the Youth Court Act, such as probation, counseling, restitution, or placement (MCA §§ 41-5-1512, 41-5-1513) |
| Informal resolution | Not provided for in the PFMA statute | Informal disposition or consent adjustment may be possible (MCA §§ 41-5-1301, 41-5-1302) |
Custody, Questioning, and Release
A youth may be taken into custody by an officer under a court order or a lawful arrest, and the Act says that taking a youth into custody "is not an arrest" except for testing whether it was constitutional (MCA § 41-5-321).
The questioning rules are stricter than for adults. When a youth is taken into custody for questioning, the youth must be advised of the right against self-incrimination and the right to counsel, and the officer must immediately notify the parents, guardian, or legal custodian that the youth is in custody, why, and where (MCA § 41-5-331(1)). The waiver rules depend on age: 16 or older, the youth may waive; under 16, the youth and a parent or guardian must agree; and if they do not agree, the youth may waive only with advice of counsel (MCA § 41-5-331(2)). In a family case the parent may also be the alleged victim, which is one more reason for the youth to have a lawyer before answering questions.
An officer who believes on reasonable grounds that the youth can be released to a responsible person may do so on that person's written promise to bring the youth before the juvenile probation officer (MCA § 41-5-322(1)). If the youth is held, a probable cause hearing must take place within 24 hours, excluding weekends and legal holidays (MCA § 41-5-332(1)). Secure detention is allowed only on listed grounds, such as when detention is required to protect persons or property (MCA § 41-5-341).
Informal Handling and Formal Petitions
A juvenile probation officer or assessment officer makes a preliminary inquiry when the court receives information that a youth appears to be a delinquent youth (MCA § 41-5-1201(1)). From there the matter can go two ways.
- Informally. The officer may provide counseling or refer the family to services, or, with the voluntary agreement of the youth and parents, enter a written consent adjustment without a petition (MCA §§ 41-5-1301, 41-5-1302). There are limits on using a consent adjustment for a second or later offense within 3 years (MCA § 41-5-1302(3)).
- Formally. The county attorney files a petition. If the youth denies the allegations, the youth or a parent or attorney may demand a jury trial, and the offense must be proved beyond a reasonable doubt (MCA § 41-5-1502(1), (2)).
After a petition is filed, the youth and parents must be told that the youth may be represented by counsel at all stages, and if counsel is not retained the court orders the public defender's office to assign counsel unless the right is validly waived (MCA § 41-5-1413).
What Can Happen if the Allegation Is Proved
The adult penalties in the PFMA statute, including its minimum jail terms, are sentences for an "offender convicted" of the offense. A youth is adjudicated instead, and the Youth Court chooses among the Act's dispositions: probation, restitution, community service, counseling for the youth and the parents, evaluation, placement, and others (MCA § 41-5-1512(1)). Counseling aimed at violence is not spelled out for youths the way the 40-hour requirement is for adults, so what is ordered depends on the court.
For an act that would be a misdemeanor if committed by an adult, the court may not place the youth in a correctional facility unless three conditions are all met: four or more misdemeanors in the prior 12 months, a professional evaluation recommending the placement, and a finding that the youth will present a danger to the public otherwise (MCA § 41-5-1513(1)(b)).
More Serious Allegations Can Go to District Court
The county attorney may ask to file directly in district court for listed offenses. For a youth who was 16 or older, the list includes strangulation of a partner or family member, aggravated assault, and assault with a weapon (MCA § 41-5-206(1)(b)). If the youth was 17 at the time of a listed offense, the statute says the county attorney shall file that request (MCA § 41-5-206(2)). The district court then holds a hearing on whether to send the case back to Youth Court (MCA § 41-5-206(3)). See strangulation of a partner.
Records and Later Consequences
Formal Youth Court records, such as petitions and orders, are public until sealed (MCA § 41-5-215(1)). Youth court, law enforcement, and department records that qualify must be physically sealed on the youth's 18th birthday, or when extended jurisdiction ends (MCA § 41-5-216(1)). Sealing does not apply to, among other things, fingerprints, photographs, and records in any case in which the youth did not fulfill all requirements of the court's judgment or disposition (MCA § 41-5-216(4)).
An adjudication "may not be deemed a criminal conviction" and may not impose the civil disabilities of one (MCA § 41-5-106). The adult PFMA statute counts prior "convictions" when setting penalties (MCA § 45-5-206(3)(b)). How a juvenile adjudication is treated in a later adult case, by a school, or under federal law is a question to ask a lawyer about your child's specific situation. For adult records, see PFMA on your record.
A&M Law is a Missoula firm that defends PFMA and other domestic violence charges in Western Montana and also practices family law. See our criminal defense page or contact us.
This page explains Montana law in general as of the 2025 Montana Code Annotated. It is not legal advice about your specific case.