A misdemeanor partner or family member assault (PFMA) case in Missoula starts in Municipal Court or Justice Court and moves through the same steps every time: initial appearance, arraignment, discovery, an omnibus hearing, and then either a trial or a negotiated resolution. Felony cases follow a similar path in District Court. This page is the overview for the courts and evidence section of our Montana Domestic Violence Guide, and it links to a page on each step.
Which Court Hears a PFMA Case
A first or second PFMA is a misdemeanor (MCA § 45-5-206(3)(a)). Justice courts have jurisdiction over misdemeanors, concurrent with district courts where the possible penalty is more than a $500 fine or 6 months (MCA § 3-10-303(1)(c)), and a municipal court's jurisdiction is coextensive with the justice court of its county (MCA § 3-6-103(1)). In practice, Missoula County describes Municipal Court as handling misdemeanors that occur within city limits and Justice Court as handling the rest.
District Court has original jurisdiction over all criminal cases amounting to a felony (MCA § 3-5-302(1)(a)). That is where a third or subsequent PFMA, strangulation of a partner or family member, and other felony assault charges are decided. A felony may begin with an initial appearance in a lower court before the county attorney files in District Court (MCA § 3-6-103(4)). Our page on when PFMA is a felony explains the line.
The Stages at a Glance
| Stage | What happens | MCA |
|---|---|---|
| Initial appearance | An arrested person must be taken before a judge without unnecessary delay. Release conditions and the no contact order are addressed here. | § 46-7-101; § 45-5-209 |
| Arraignment | The charge is read or summarized, you receive the charging document, and you enter a plea. | § 46-12-201; § 46-12-204 |
| Discovery | The prosecutor makes reports, statements, and recordings available on request. The defense has disclosure duties too. | § 46-15-322; § 46-15-323 |
| Omnibus hearing | A planning hearing held after a not guilty plea and not less than 30 days before trial. Motions and defenses are identified. | § 46-13-110 |
| Trial | A jury of six in a misdemeanor case, or a judge alone if both sides consent to waive the jury. | § 46-17-201 |
| Sentencing | If there is a conviction or guilty plea, the court holds a sentencing hearing and hears from both sides and the alleged victim. | § 46-18-115 |
| Appeal | A short deadline applies. From a lower court the notice is due within 10 days. | § 46-17-311; § 3-6-110 |
Lower courts often combine or rename some of these settings, for example by calling a hearing a pretrial conference. Scheduling practice varies by court and by judge.
First Appearance and Arraignment
A person who is arrested must be taken before a judge without unnecessary delay (MCA § 46-7-101(1)). In a PFMA case the judge also reviews the no contact order at that appearance (MCA § 45-5-209). Our page on the initial appearance covers that day in detail.
At arraignment you are called on to plead. If you refuse to plead, the court enters a not guilty plea for you (MCA § 46-12-204(1)). In a lower court the initial appearance and the arraignment are often handled in the same hearing. Whether to plead guilty at that first hearing is a serious decision, because a guilty plea in a lower court waives important rights. See should I just plead guilty.
Discovery, the Omnibus Hearing, and Motions
After a not guilty plea, the defense requests the State's evidence: witness statements, your own statements, photographs, recordings, and anything that tends to mitigate or negate guilt (MCA § 46-15-322(1)). Our page on discovery in a PFMA caseexplains both sides' duties, including the deadline for giving notice of self-defense.
The omnibus hearing must be held within a reasonable time after the plea and not less than 30 days before trial (MCA § 46-13-110(1)). It matters more than its name suggests. Any defense, objection, or request that can be decided without a trial must be raised at or before it, and failing to do so can waive the issue (MCA § 46-13-101(1) and (2)). Evidence questions that often come up in these cases include prior acts evidence, spousal privilege, and what happens when the other person recants or will not testify.
Resolution: Plea Agreement or Trial
Most of the work in a case happens between the omnibus hearing and the trial date. The prosecutor and defense lawyer may discuss a plea agreement, which can involve dismissing other charges or a sentence recommendation (MCA § 46-12-211(1)). The prosecutor decides whether the case goes forward, and the alleged victim's wishes are one input, not the deciding one. We explain that in can the victim drop the charges and the alleged victim's role in court.
If the case is tried, the parties in a misdemeanor case are entitled to a jury of six, and the verdict must be unanimous (MCA § 46-17-201(1); Mont. Const. art. II, § 26). See jury trial or bench trial.
Sentencing and Appeal
After a conviction or guilty plea the court holds a sentencing hearing (MCA § 46-18-115). The PFMA statute sets minimum and maximum fines and jail terms and requires a counseling assessment and at least 40 hours of counseling (MCA § 45-5-206(3) and (4)). Whether the court can defer or suspend a sentence is covered in deferred sentences and PFMA.
Appeal deadlines from the lower courts are short, 10 days in a criminal case, and the kind of appeal you get depends on the court. See appealing a PFMA conviction.
This page explains Montana law in general as of the 2025 Montana Code Annotated. It is not legal advice about your specific case.