Montana punishes a violation of a no contact order with a fine of up to $500, up to 6 months in the county jail, or both (MCA § 45-5-209(8)(c)). Violating an order of protection starts at the same range and rises with each repeat offense, up to 2 years for a third or subsequent violation (MCA § 45-5-626(3)). The two are different offenses for two different kinds of order. If you are not sure which kind you have, start with no contact order vs. order of protection. This page is part of our Montana Domestic Violence Guide.
The Two Offenses Side by Side
| No contact order | Order of protection | |
|---|---|---|
| Statute | MCA § 45-5-209(8) | MCA § 45-5-626 |
| Which orders | A no contact order issued in a PFMA, strangulation, or partner-related aggravated assault or assault with a weapon case | An order of protection under Title 40, chapter 15, or an order provided for in § 40-4-121 |
| Mental state | With knowledge of the order, purposely or knowingly violates any provision | With knowledge of the order, purposely or knowingly violates a provision |
| First offense | Fine up to $500, county jail up to 6 months, or both | Fine up to $500, county jail up to 6 months, or both |
| Second offense | Same range. The statute has no separate repeat tier | Fine of $200 to $500 and county jail of 24 hours to 6 months |
| Third or subsequent offense | Same range | Fine of $500 to $2,000 and county jail or state prison for 10 days to 2 years |
| How violations are counted | Each contact or attempt to contact each protected person, directly or indirectly, is a separate offense | The statute does not say |
| Who can be charged | A protected person may not be charged | Only the respondent may be cited. The petitioner may not be |
Violating a No Contact Order
A no contact order comes out of the criminal case. It can be served at arrest, reviewed at the first appearance, and issued or continued at any later appearance, including sentencing (MCA § 45-5-209(1), (6), (7)). A person commits the offense of violating one if the person, "with knowledge of the order, purposely or knowingly violates any provision of any order issued under this section" (MCA § 45-5-209(8)(a)).
Three features make this offense easy to commit more than once:
- Each contact is its own charge. "Each contact or attempt to make contact with each protected person, directly or indirectly, is a separate offense."
- Indirect contact counts. The order can prohibit contact in person, by a third party, by telephone, by electronic communication, and in writing (MCA § 45-5-209(1)).
- Consent does not matter. "Consent of the protected person to prohibited contact is not a defense." The protected person may not be charged, so the legal risk sits entirely with the person the order restrains.
The penalty clause does not have a higher tier for repeat violations. The exposure grows instead through the number of counts.
Violating an Order of Protection
An order of protection is requested by a petitioner under Title 40, chapter 15, rather than issued in the criminal case. Violating one, or violating an order provided for in MCA § 40-4-121 (a dissolution of marriage statute), is a crime under MCA § 45-5-626. The penalties step up:
- First offense: a fine not to exceed $500, county jail not to exceed 6 months, or both.
- Second offense: a fine of not less than $200 and not more than $500, and county jail of not less than 24 hours and not more than 6 months.
- Third or subsequent offense: a fine of not less than $500 and not more than $2,000, and a term in the county jail or state prison of not less than 10 days and not more than 2 years.
Only the respondent can be cited. The statute says the petitioner who filed for the order may not be cited for violating it (MCA § 45-5-626(2)). As with a no contact order, that means an invitation from the other person does not protect you.
The statute carves out one narrow situation: it does not apply to a person who in good faith seeks medical assistance for someone experiencing a drug-related overdose, when the evidence was obtained as a result of seeking that help (MCA §§ 45-5-626(1), 50-32-609(1)).
Knowledge of the Order
Both offenses require proof that the person knew of the order and purposely or knowingly violated it. An accidental encounter is not automatically a crime under that wording. It can still lead to an arrest and a charge, though, and what you do in the moment matters. If you find yourself in the same place as the protected person, leave, do not speak, and tell your lawyer what happened.
For an order of protection, the statute adds that knowledge may be inferred if the person was served before the alleged violation, and that service is not required if the State shows the person knew of the order and its content (MCA § 45-5-626(1)). A no contact order is given orally and in writing by a peace officer at the time of the charge or arrest, with a copy to the defendant (MCA § 45-5-209(2)).
Other Consequences of a Violation
The fine and jail ranges are not the whole cost of a violation.
- Release in the original case. If a defendant violates a condition of release, the prosecutor may move to revoke the release order and a judge may issue an arrest warrant (MCA § 46-9-503(1)).
- Probation. If you are on a suspended or deferred sentence, a new offense or prohibited contact can be the basis for a petition to revoke (MCA § 46-18-203). See PFMA probation conditions.
- Stalking. A first offense of stalking is punishable by up to 5 years in the state prison when the offender violated any order of protection (MCA § 45-5-220(4)(b)). Stalking is a separate offense with its own elements. See stalking charges in Montana.
- Probation costs. A person convicted of violating an order of protection who is placed on misdemeanor probation must be ordered to pay for it unless unable (MCA § 46-23-1005(4)).
- Family court. A violation can be raised in a parenting case.
What to Do If You Are Under an Order
Read the order and follow it exactly. Do not contact the protected person directly, through friends or family, or online, and do not answer if that person reaches out. If you need property from a shared home, if you share children, or if the order makes work or housing impossible, those are problems a court can address. Bring them to a lawyer, who can ask the judge to change the order and can handle any necessary communication.
For more on each offense, see violating a no contact order and violating an order of protection. If you or someone else is 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.