One lawyer or one firm can handle both a partner or family member assault (PFMA) charge and a related family case, and when the cases overlap there are real advantages to that. Whether you use one lawyer or two, what matters is that the cases are coordinated, because a statement or a result in one can change the other. This page explains how they connect. It is part of our Montana Domestic Violence Guide.
Three Proceedings That Can Run at Once
| Proceeding | Who brings it | What it decides | Orders along the way |
|---|---|---|---|
| Criminal case (PFMA) | The State, through a prosecutor | Guilt, and a sentence if there is a conviction | A no contact order and release conditions |
| Order of protection | The petitioner, in a civil case | Whether a protective order is continued, amended, or made permanent | A temporary order, with a hearing within 20 days |
| Divorce or parenting case | Either spouse or parent, in district court | The parenting plan, support, and property | An interim parenting plan and, later, a final one |
Each has its own judge or docket, its own rules, and its own deadlines. Montana law does connect them in places. When a divorce or parenting action is pending in district court, a petition for an order of protection generally belongs with the district judge assigned to that case (MCA § 40-15-301(2)), and a district court in a dissolution may issue an order of protection on request (MCA § 40-15-204(2)). An order of protection must also state whether other civil or criminal actions involving the parties are pending (MCA § 40-15-204(6)).
How the Criminal Case Reaches the Family Case
A parenting plan is decided according to the best interest of the child. Among the factors the court considers is physical abuse or threat of physical abuse by one parent against the other parent or the child (MCA § 40-4-212(1)(f)). Frequent and continuing contact with both parents is treated as being in the child's best interest unless the court finds, after a hearing, that contact with a parent would be detrimental, and in deciding that the court considers evidence of abuse, including certain convictions (MCA § 40-4-212(1)(l)).
A conviction has a specific effect. If a parent is convicted of PFMA of the type described in MCA § 45-5-206(1)(a), purposely or knowingly causing bodily injury, the other parent may file an objection to the current parenting order. The convicted parent has 21 days from notice to respond. Without a response, that parent's parenting rights are suspended until further order. With one, a hearing must be held within 30 days (MCA § 40-4-219(8)). This is one reason the way a criminal case ends, and under which subsection, matters to a parent. See parenting plan factors and abuse.
How Statements Cross From One Case to Another
Family cases generate sworn paper. A parent asking for an interim parenting plan, for example, must file an affidavit setting out the supporting facts, and the other parent may file an opposing affidavit (MCA § 40-4-220(1)). Testimony at hearings is sworn as well. Each is your statement. Under Montana Rule of Evidence 801(d)(2), a party's own statement offered against that party is not hearsay, so a description of the incident in a parenting affidavit can be offered in the criminal trial.
It runs the other way as well. A plea or a finding in the criminal case, and anything said at an order of protection hearing, can be put before the family court. A lawyer handling a family case with a charge pending will look at every filing with that in mind, and will consider with you how the privilege against self-incrimination bears on what you say. The same caution applies to texts, emails, and social media posts about the other parent. See divorce during a PFMA case.
The No Contact Order Comes First
A family case requires parents to exchange information and children. A criminal no contact order may forbid all of that contact. The criminal order controls until a judge changes it. Do not treat a parenting schedule, an old routine, or the other person's invitation as permission. Consent of the protected person is not a defense to a violation (MCA § 45-5-209(8)(b)). If the orders conflict, the fix is a motion, filed by a lawyer. See exchanging children under a no contact order.
One Lawyer or Two
With one lawyer or firm on both cases, the same person knows every deadline, sees every filing before it goes out, and can plan the timing of each case around the other. With two lawyers, each may have deeper focus on one court, but coordination depends on you. A lawyer may not reveal information about your case without your informed consent (Montana Rule of Professional Conduct 1.6(a)), so two lawyers can share information only if you authorize it. Give that authorization early.
A public defender's appointment covers the criminal case. It does not extend to a divorce or a parenting case, so a person with appointed criminal counsel will still need to arrange family representation separately.
What to Tell Both Lawyers
- Every pending case and every order, with copies: the no contact order, any order of protection, any parenting order.
- Every upcoming court date in every case.
- Anything you have already said or filed under oath, and any statement to police.
- Any contact from the other person, including about the children.
- Any contact from child protective services, which is a separate process that may call for its own lawyer.
Our family law and child custodypages describe that side of the firm's work.
This page explains Montana law in general as of the 2025 Montana Code Annotated. It is not legal advice about your specific case.