The penalties for partner or family member assault (PFMA) in Montana depend on whether the conviction is a first, second, or third or subsequent offense. They are set by one subsection, MCA § 45-5-206(3), and the chart below reproduces it. The sections after the chart cover the parts of a sentence that the numbers alone do not show. This page is the overview for the penalties section of our Montana Domestic Violence Guide.
The PFMA Penalty Chart
| Conviction | Fine | Jail or prison | Where served | MCA |
|---|---|---|---|---|
| First offense | $100 to $1,000 | 24 hours to 1 year | County jail | § 45-5-206(3)(a)(i) |
| Second offense | $300 to $1,000 | 72 hours to 1 year | County jail | § 45-5-206(3)(a)(ii) |
| Third or subsequent offense | $500 to $50,000 | 30 days to 5 years | County jail if the term is 1 year or less, state prison if it is longer | § 45-5-206(3)(a)(iv) |
Two details in the wording matter. First, for each level the statute says the offender "shall be fined" and "be imprisoned," so both a fine and a jail term are part of the sentence the statute describes. Second, if the offense was committed within the vision or hearing of a minor, the judge must consider the minor's presence as a factor at sentencing (MCA § 45-5-206(3)(a)(v)).
What Every PFMA Sentence Includes
The jail and fine ranges are only part of the statute. These items apply at every offense level.
| Item | What the statute says | MCA |
|---|---|---|
| Counseling | A counseling assessment and at least 40 hours of counseling, paid for by the offender. | § 45-5-206(4) |
| The other person's costs | Reasonable actual medical, housing, wage loss, and counseling costs. | § 45-5-206(5) |
| Probation | Misdemeanor probation may be ordered on a first or second conviction. The offender pays for it if financially able. | § 45-5-206(3)(a)(iii), (6) |
| Firearm used in the assault | The court may prohibit possession or use of the firearm used in the assault. | § 45-5-206(7) |
| No contact order | A court may issue a no contact order at any appearance, including sentencing. | § 45-5-209(7) |
Statutory surcharges are added to each conviction as well. They are separate from the fine and are listed on our page about restitution and court costs, linked in the table.
None of these items depends on the offense number. A person convicted of a first PFMA has the same counseling obligation and the same duty to pay the other person's costs as a person convicted of a third. What changes with the offense number is the jail range, the fine range, and, at the third-offense level, where the sentence can be served.
How Offenses Are Counted
Which row applies depends on the number of prior convictions, and the statute defines "conviction" broadly for this purpose. Under MCA § 45-5-206(3)(b), the count includes:
- A prior PFMA conviction, including one under the statute's earlier name, domestic abuse.
- A conviction under a similar statute in another state.
- A conviction for aggravated assault or assault with a weapon if the offender was a partner or family member of the victim.
- A conviction for strangulation of a partner or family member.
- A forfeiture of bail in a case under a similar statute, if the forfeiture has not been vacated.
The subsection has no lookback period. Nothing in its text limits how old a prior can be. Our page on how prior convictions count goes through the list in detail.
Minimums, Suspended Time, and Probation
The ranges above are the outer limits. Inside them, the judge decides how much of a jail term is served, how much is suspended on conditions, and what those conditions are. A suspended sentence can last up to the maximum sentence allowed for the offense (MCA § 46-18-201(2)(a)), which is why a person convicted of a first PFMA can be under court conditions for up to a year.
Time spent in jail after the arrest is credited against a jail sentence (MCA § 46-18-403(1)). What a typical sentence looks like in a given court is not something the statute answers, and it varies by judge, by record, and by the facts. A judge may not impose a fine unless the person is or will be able to pay it, and must take the person's financial resources into account in setting the amount (MCA § 46-18-231(3)). The pages on jail alternatives and credit for time served and the sentencing hearing explain the mechanics.
Related Charges With Their Own Penalties
The chart covers PFMA only. Two neighboring topics have separate penalty provisions:
- Strangulation of a partner or family member (MCA § 45-5-215): up to 5 years in the state prison, a fine of up to $50,000, or both for a first offense, and 2 to 20 years for a second or subsequent offense. See strangulation penalties.
- Violating a no contact order or an order of protection (MCA §§ 45-5-209(8) and 45-5-626): each is its own offense, charged in addition to the underlying case.
What the Chart Does Not Show
Several consequences of a PFMA conviction come from other laws and never appear in the judgment as a jail term or a fine. Federal law restricts firearm possession by a person convicted of a qualifying misdemeanor crime of domestic violence (18 U.S.C. § 922(g)(9)). The Ninth Circuit held in United States v. DeFrance, 124 F.4th 814 (9th Cir. 2024), that the bodily injury form of PFMA under subsection (1)(a) does not qualify, and it did not decide subsections (1)(b) or (1)(c) (see does a Montana PFMA count under federal law). A third or subsequent PFMA is listed as a "violent offense" in Montana's registration law (MCA § 46-23-502(14)(a)(iv)). A conviction can also matter in a parenting case and on background checks. Other sections of this guide cover each of those.
If you are reading this because someone is in danger, call 911. The National Domestic Violence Hotline is 1-800-799-7233. If you have been charged, our PFMA defense page explains how we approach these cases.
This page explains Montana law in general as of the 2025 Montana Code Annotated. It is not legal advice about your specific case.