Montana Domestic Violence Guide

No Contact as a Release Condition in Montana

The order handed over at arrest is short. The one the judge sets at your first appearance is the one you live with while the case is pending.

Written by

Ashley Hurlbert, Partner, A&M Law

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 3, 2026

After the short order served at arrest, a Montana judge decides whether no contact continues. It usually does, as a written condition of your release, and it stays until the court changes it. Two statutes do the work: MCA § 45-5-209, the no contact order statute, and MCA § 46-9-108, the general release conditions statute. This page is part of our Montana Domestic Violence Guide.

The Review at Your First Appearance

The 72-hour orderis effective until your first appearance. At that hearing the court "shall review and amend, if appropriate" the order (MCA § 45-5-209(6)). In a partner or family member assault case you cannot post bail from a schedule and skip this step. The statute requires an appearance before the judge first (MCA § 46-9-302(1)).

The judge sets all of the release conditions at the same hearing. Our pages on the initial appearance and bail in a PFMA case cover the rest of what is decided there.

Two Statutes, One Condition

Section 46-9-108(1) lets a court impose any condition that will reasonably ensure the defendant's appearance or the safety of any person or the community. One listed condition is that the defendant avoid all contact with an alleged victim, "including in a case of partner or family member assault or strangulation of a partner or family member the restrictions contained in a no contact order issued under 45-5-209," and with any potential witness who may testify (MCA § 46-9-108(1)(e)).

Section 45-5-209(7) separately lets the court issue a no contact order at arraignment or any other appearance. That order must be in writing, a copy must be given to you, and it must name the protected persons and the prohibited contact. The restrictions can include the same list as the arrest order: in person, third party, telephone, electronic communication, writing, and a distance of up to 1,500 feet.

Conditions That Often Travel With It

The same statute lists other conditions a judge can add in a domestic case (MCA § 46-9-108(1)):

restrictions on personal associations, place of abode, and travel;
no possession of a firearm, destructive device, or other dangerous weapon, if applicable;
no use or possession of alcohol or dangerous drugs, with an alcohol monitoring device if applicable;
a curfew, regular reporting, or treatment; and
electronic monitoring, which is presumed in some repeat and felony cases when it is available.

See firearms while the case is pending for how the weapons condition plays out.

How Long the Condition Lasts

Neither statute gives a number of days or months for a court-issued no contact order. Release conditions apply during the period of release, and the court can amend them. So the practical answer is that the condition lasts as long as the written order says, which is generally until the case ends or the judge changes the order. A dismissal or acquittal ends the criminal case and its release conditions. It does not end a civil order of protection, which is a separate case.

Do not rely on your memory of what the judge said in court. The written order is what an officer will read if there is a complaint. If something in it is unclear, ask your lawyer before you act.

No Contact Orders at Sentencing

Section 45-5-209(7) expressly includes sentencing among the appearances where a no contact order may be issued, and the statute defines a no contact order as one that prohibits a defendant "charged with or convicted of" an assault on a partner or family member from contacting a protected person (MCA § 45-5-209(9)(a)). A sentencing judge can also impose restrictions on the offender's freedom of association and movement, and any other limitation reasonably related to rehabilitation and the protection of the victim and society (MCA § 46-18-202(1)).

A no contact term in a sentence is then enforced as part of the sentence as well. Our page on PFMA probation conditions covers that stage.

The Limits on What a Court Can Impose

Release conditions are not meant to be punishment. The court "may not impose an unreasonable condition that results in pretrial detention" and must use "the least restrictive condition or combination of conditions" that will ensure appearance and protect any person or the community (MCA § 46-9-108(3)). The same subsection lets the court amend the order at any time, on a reasonable basis, on its own motion or on the motion of either party.

That is the legal footing for asking a judge to adjust an order, for example so that parents can exchange children through someone else. The process is on our page about changing or lifting a no contact order.

What a Violation Puts at Risk

A knowing violation of an order issued under § 45-5-209 is its own misdemeanor, with a fine of up to $500, up to 6 months in county jail, or both, and each contact counts separately. It is also a violation of your release. The prosecutor may move to revoke the release order, and a judge may issue a warrant (MCA § 46-9-503(1)). After an arrest on that warrant, the court holds a hearing and redetermines bail (MCA § 46-9-505(4)).

Follow the order exactly, even when the other person reaches out first, and let a lawyer handle any communication that has to happen.

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 What Counts as Contact If the Protected Person Contacts You Getting Your Belongings From Home Changing or Lifting a No Contact Order

FAQ

No Contact as a Release Condition in Montana FAQ

How long does a no contact order last in a Montana PFMA case?

The order served at arrest lasts 72 hours or until the first appearance. An order issued by the judge after that has no length set by statute, so it lasts as long as the written order says or until the court changes it. As a release condition, that generally means while the case is pending. A separate order can be made at sentencing.

Can a no contact order continue after I am sentenced?

Yes. Section 45-5-209(7) allows a court to issue a no contact order at sentencing, and the statute defines the order as one that applies to a defendant charged with or convicted of an assault on a partner or family member. Sentencing judges can also restrict association and movement under MCA § 46-18-202(1).

Does the judge have to order no contact?

The statutes use the word may. The judge has to review the order served at arrest, but decides what conditions are needed for safety and for your appearance. The court must impose the least restrictive condition or combination of conditions that will do that (MCA § 46-9-108(3)).

What happens if I break a no contact release condition?

Several things can happen at once. Violating an order issued under § 45-5-209 is a separate offense with up to $500 and up to 6 months for each contact. The prosecutor can also move to revoke your release, and a judge can issue an arrest warrant (MCA §§ 46-9-503(1), 46-9-505).

Will I have to wear a GPS monitor?

Possibly. If electronic monitoring is available, there is a rebuttable presumption that the court will require it for a second or subsequent PFMA, any felony assault on a partner or family member, strangulation of a partner or family member, felony stalking, or a felony violation of an order of protection (MCA § 46-9-108(2)(a)). See GPS and alcohol monitoring on release.

Release Conditions You Cannot Live With?

We can review the written order and tell you what a court can and cannot be asked to change. Call 406-830-3060 for a confidential consultation.

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