Montana Domestic Violence Guide

PFMA Against a Parent, Sibling, or Child in Montana

The F in PFMA stands for family. A fight between brothers, or between a parent and a grown child, can be charged the same way as one between spouses.

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 26, 2026

Key Takeaways: PFMA Against a Parent, Sibling, or Child in Montana

Montana's PFMA statute covers family members as well as partners: mothers, fathers, children, brothers, sisters, and other past or present family members of a household (MCA § 45-5-206(2)(a)).
Step-relations, in-laws, and adoptive relatives are named in the definition.
The relationship continues regardless of age and whether the people live together.
The penalties are the same as for PFMA between partners, including counseling and the way prior convictions are counted.
A parent is justified in using force that is reasonable and necessary to restrain or correct the parent's child (MCA § 45-3-107). That is a limited rule, not a blanket exemption.
Incidents involving children can also lead to other charges and to a child protective services report.

Partner or family member assault is not limited to couples. Under MCA § 45-5-206(2)(a), a "family member" includes mothers, fathers, children, brothers, sisters, and other past or present family members of a household, at any age and whether or not they live together. An assault between a parent and an adult child, between siblings, or between in-laws can be charged as PFMA with the same penalties as one between spouses. This page is part of our Montana Domestic Violence Guide.

What the Family Member Definition Says

The definition has three sentences, and each one does some work:

The named relatives. "Mothers, fathers, children, brothers, sisters, and other past or present family members of a household."
Adoption and remarriage. The relationships "include relationships created by adoption and remarriage, including stepchildren, stepparents, in-laws, and adoptive children and parents."
Age and residence. The relationships "continue regardless of the ages of the parties and whether the parties reside in the same household."

More distant relatives, such as grandparents, cousins, aunts, and uncles, are not named. They come within the statute only as "other past or present family members of a household," and the statute does not explain what link to a household is needed. For the full breakdown, see who counts as a partner or family member.

Adult Children, Parents, and Siblings

These cases often start the same way as any other: someone calls 911 during a fight at a family home. The offense is the same too. The State must prove that the accused purposely or knowingly caused bodily injury, negligently caused bodily injury with a weapon, or purposely or knowingly caused reasonable apprehension of bodily injury.

Nothing in the statute treats family cases as less serious than partner cases. The fines, jail terms, 40 hours of counseling, and prior-conviction rules in § 45-5-206(3) and (4) apply to both. A PFMA conviction involving a brother counts toward a later charge involving a spouse, and the reverse.

One difference lies outside Montana law. The federal firearm prohibition for misdemeanor crimes of domestic violence uses its own list of relationships (18 U.S.C. § 921(a)(33)(A)), and that list is not the same as Montana's family member definition. Whether a conviction involving a parent, child, or sibling triggers the federal rule has to be analyzed case by case. The offense itself must also meet the federal definition, and the Ninth Circuit held in United States v. DeFrance, 124 F.4th 814 (9th Cir. 2024), that the bodily injury form of PFMA, MCA § 45-5-206(1)(a), does not. It did not decide the other subsections. See does Montana PFMA count under federal law.

When Both Family Members Used Force

Fights between siblings or between a parent and a grown child are often described by officers as mutual. Montana's arrest statute tells the officer to evaluate who was the predominant aggressor, looking at things like the relative severity of injuries, relative size and apparent strength, whether force was used in self-defense, and what witnesses said (MCA § 46-6-311(2)(b)). See when both people are arrested.

Self-defense is available in family cases on the same terms as any other. See self-defense in a PFMA case.

Parents and Minor Children: The Discipline Rule

A child is a family member of a parent, so the PFMA statute can apply to a parent's use of force on a child. Montana also has a specific justification statute. MCA § 45-3-107 says:

"A parent or an authorized agent of a parent or a guardian, master, or teacher is justified in the use of force that is reasonable and necessary to restrain or correct the person's child, ward, apprentice, or pupil."

Read that carefully. It has three limits. The force must be reasonable. It must be necessary. And its purpose must be to restrain or correctthe child. The statute does not list permitted or forbidden methods, and it sets no bright line by age or by injury. Whether force was reasonable and necessary is decided on the facts, usually including the child's age and size, what the child was doing, what force was used, and whether there was any injury.

When a defendant offers evidence of justifiable use of force at trial, the State has the burden of proving beyond a reasonable doubt that the actions were not justified (MCA § 46-16-131).

Other Charges When a Child Is Involved

PFMA is not the only statute a prosecutor can use when the alleged victim is a child:

Assault on a minor. An assault under § 45-5-201 by a person 18 or older against a child under 14 can be charged under MCA § 45-5-212, which carries up to 5 years in state prison, and more if the child is under 36 months.
Endangering the welfare of children. A parent or other person supervising a child commits this offense by knowingly endangering the child's welfare through violating a duty of care, protection, or support (MCA § 45-5-622(1)). See endangering the welfare of children.

A criminal case is also separate from the child protection system. Peace officers are among the professionals required to report when they have reasonable cause to suspect that a child is abused or neglected (MCA § 41-3-201(2)(g)). A report can lead to an investigation by the state whether or not charges are filed. That process has different rules and calls for a lawyer who handles those cases: see child protective services after a domestic call.

No Contact Orders Inside a Family

A no contact order in a family case can be especially hard to live with. If the protected person is a parent you live with, a sibling you work with, or your own child, the order may mean moving out or missing family events. Follow it exactly anyway. Under MCA § 45-5-209(8), each contact is a separate offense, and the protected person's consent is not a defense. Do not ask another relative to pass along a message, since contact through a third party can be prohibited too. Changes to an order go through the court, and your lawyer can ask for them.

If you or someone in your family is in danger, call 911. The National Domestic Violence Hotline is 1-800-799-7233. A&M Law defends PFMA charges in Western Montana and also practices family law: see our domestic violence defense page.

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 PFMA in Dating Relationships When Both People Are Arrested PFMA in Front of Children What Is PFMA?

FAQ

PFMA Against a Parent, Sibling, or Child in Montana FAQ

Can I be charged with PFMA for a fight with my brother?

Yes. Brothers and sisters are named in the definition of family member, and the relationship continues regardless of age or whether you live in the same household (MCA § 45-5-206(2)(a)). The State still has to prove one of the three forms of the offense.

Is it PFMA if my adult child and I got into a physical fight?

It can be, for either of you. Mothers, fathers, and children are family members under the statute at any age. If officers believe both people used force, they are directed to determine who was the predominant aggressor (MCA § 46-6-311(2)(b)).

Can a parent be charged with PFMA for spanking a child?

Montana law says a parent is justified in the use of force that is reasonable and necessary to restrain or correct the parent's child (MCA § 45-3-107). Force that goes beyond what is reasonable and necessary is not covered by that rule. Where the line falls depends on the facts, and no statute sets it out in detail.

Are in-laws family members under Montana's PFMA law?

Yes. The definition says family relationships include those created by adoption and remarriage, including stepchildren, stepparents, in-laws, and adoptive children and parents.

My teenager was arrested for hitting me. Is that PFMA?

A child is a family member of a parent under the statute, so the conduct can fit the PFMA definition. How cases against people under 18 are handled is a separate subject. See juveniles and PFMA.

Charged After a Family Dispute?

Family cases come with family consequences. We can explain the charge and the court orders that go with it. Call 406-830-3060 for a confidential consultation.

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