If you are arrested for partner or family member assault (PFMA) in Montana while visiting, or you have since moved away, the case stays in the Montana court where it was filed. You will go through the same first steps as a resident. After that, on a misdemeanor, Montana law allows a lawyer to appear for you at many hearings, although the judge can require you in person. The no contact order and your release conditions apply wherever you are. This page is part of our Montana Domestic Violence Guide.
The First Steps Are the Same
Residency does not change the opening sequence. A person arrested for any assault on a partner or family member may not be released on bail without first appearing before a judge (MCA § 46-9-302(1)(a)). An officer serves a no contact order where the court has one in place (MCA § 45-5-209(2)). Our overview of the first 48 hours after a PFMA arrest walks through it.
If both people involved are travelers, the order can separate you from your lodging, your vehicle, or your ride home. Solve that through the court or a lawyer, not by contacting the protected person.
Bail When You Do Not Live Here
Two of the considerations in the bail statute are the length of time the defendant has resided in the community and the defendant's ties to the community (MCA § 46-9-301(9)). The release statute likewise directs the court to look at family ties, employment, length of residence, and community ties (MCA § 46-9-109(2)(b)(i)). A visitor has less to show on those points, and a judge may respond with a higher amount or added conditions.
What helps is concrete information: a stable home address, an employer, family obligations, no history of missed court dates, and a Montana lawyer who will be appearing in the case. The amount must still be reasonable, not oppressive, and considerate of your financial ability (MCA § 46-9-301). See bail in a PFMA case.
Getting Permission to Go Home
A court may require a defendant to abide by specified restrictions on personal associations, place of abode, and travel (MCA § 46-9-108(1)(d)). A release order must state its conditions in writing (MCA § 46-9-110). Before you leave Montana, make sure the written order either permits it or does not restrict travel, and give the court a reliable mailing address, phone number, and email.
Some conditions are built around local supervision. The 24/7 sobriety program's primary method is twice-a-day, in-person breath testing, but the statute allows hardship methods such as transdermal or remote breath devices where distance from a testing site prevents reasonable use of the primary method (MCA § 44-4-1203(2)(c)). If a condition cannot be performed from your home state, ask the court to amend it before you go. See GPS and alcohol monitoring on release.
Appearing Through a Lawyer
| Stage | Rule | MCA |
|---|---|---|
| Any misdemeanor hearing | You may appear by counsel only, unless the court requires your personal attendance. | § 46-16-120 |
| Arraignment | May be held by two-way video if neither party objects and the court agrees. | § 46-12-201(4) |
| Misdemeanor guilty or no contest plea | May be entered by two-way video if neither party objects and the court agrees. | § 46-17-203(3) |
| Misdemeanor trial | If you do not appear and your lawyer is authorized to act for you, the court proceeds unless there is good cause to continue. | § 46-16-122(1) |
| Misdemeanor verdict and sentence | May be returned and imposed without the defendant present. | § 46-16-123(1) |
| Felony verdict and sentence | You must appear in person, or by video if neither party objects and the court agrees. | § 46-16-123(2) |
The key sentence is short: "In all cases in which the defendant is charged with a misdemeanor offense, the defendant may appear by counsel only, although the court may require the personal attendance of the defendant at any time" (MCA § 46-16-120). A first or second PFMA is a misdemeanor. A third or subsequent PFMA and strangulation of a partner or family member carry felony-level penalties, and in a felony case personal presence is required at more stages.
Two cautions. A judge can always order you to attend. And if you want to contest the charge at trial, your testimony and your presence may matter a great deal, whatever the statute permits. That is a decision to make with your lawyer.
The No Contact Order Follows You
A no contact order restricts what you do, not where you are. It can prohibit contact in person, by a third party, by telephone, by electronic communication, and in writing (MCA § 45-5-209(1)). A text sent from another state to the protected person is still a violation, each contact or attempt is a separate offense, and the protected person's consent is not a defense (MCA § 45-5-209(8)(b)).
If the protected person lives in your home state, perhaps in your home, the order reaches that situation too, and you will need a place to stay that complies. Federal law adds two things. Qualifying protection orders are entitled to full faith and credit in every state (18 U.S.C. § 2265(a)), and traveling across state lines with intent to violate a protection order, and then doing so, is a federal crime (18 U.S.C. § 2262(a)(1)). Whether a particular Montana order meets the federal definition depends on how it was issued. See what counts as contact and out-of-state and tribal orders.
If You Miss a Court Date
If a defendant violates a release condition, including by failing to appear, the prosecutor may move to revoke release and a judge may issue an arrest warrant. If bail was posted, the judge may declare it forfeited. The forfeiture must be discharged if, within 90 days, the defendant appears and satisfactorily excuses the failure, on terms the judge finds just (MCA § 46-9-503(1) to (3)).
Bail-jumping is a separate offense. In a misdemeanor case it applies when the judge released the defendant on the defendant's own recognizance (MCA § 45-7-308(3)). The PFMA statute also counts certain unvacated forfeitures of bail as convictions when the number of prior offenses is determined (MCA § 45-5-206(3)(b)(vii)), which is one more reason not to let a case lapse.
Consequences Back Home
A Montana conviction does not stay in Montana. The federal firearm prohibition for misdemeanor crimes of domestic violence applies nationwide to a conviction that meets the federal definition. In United States v. DeFrance, 124 F.4th 814 (9th Cir. 2024), the Ninth Circuit held that the bodily injury form of Montana PFMA, MCA § 45-5-206(1)(a), does not meet it. That ruling binds federal courts in the Ninth Circuit, a court elsewhere is not required to follow it, and the other subsections are undecided, so get advice about your own conviction before you possess a firearm (see does a Montana PFMA count under federal law). A sentence also includes a counseling assessment and at least 40 hours of counseling with a provider approved by the court (MCA § 45-5-206(4)). If you live elsewhere, ask early whether the court will approve a provider near your home.
If you are not a United States citizen, a plea can have immigration consequences, and Montana courts must confirm you understand that before accepting one (MCA § 46-12-210(1)(f)). Speak with an immigration lawyer before any plea. See immigration consequences of PFMA and PFMA and gun rights.
This page explains Montana law in general as of the 2025 Montana Code Annotated. It is not legal advice about your specific case.