Probation after a partner or family member assault (PFMA) conviction in Montana is a set of court conditions attached to a suspended or deferred sentence. A judge may impose "any reasonable restrictions or conditions" during that period (MCA § 46-18-201(4)), and in a domestic case they can cover contact, counseling, weapons, and alcohol. This page explains who supervises probation, what can be required, and how a violation is handled. It is part of our Montana Domestic Violence Guide.
Misdemeanor Probation and Felony Probation
For a first or second PFMA, the statute says the offender "may be ordered into misdemeanor probation as provided in 46-23-1005" (MCA § 45-5-206(3)(a)(iii)). That section lets a local government set up a misdemeanor probation office associated with a justice's court, municipal court, or city court. The office monitors compliance with the sentence and restitution payments (MCA § 46-23-1005(1)). Because the office is local, the way supervision works differs from one county or city to the next.
A person convicted of PFMA, or of violating an order of protection, who is placed on misdemeanor probation must be ordered to pay for it. The actual cost of supervision is the offender's to pay "unless the offender can show that the offender is unable to pay those costs," and it is in addition to fines, restitution, and counseling (MCA § 46-23-1005(4)). The PFMA statute says the same thing in its own words: probation costs are ordered if the person is financially able (MCA § 45-5-206(6)).
If a felony sentence includes probation, the Department of Corrections supervises it unless the court specifies otherwise (MCA § 46-18-201(8)). A person supervised by the department pays a supervisory fee of $120 to $360 a year, which can be reduced or waived for significant financial hardship (MCA § 46-23-1031(1)).
Conditions a Judge Can Set in a Domestic Case
| Subject | What the statutes allow | MCA |
|---|---|---|
| No contact | A court with jurisdiction over PFMA may issue a written no contact order at any appearance, including sentencing, naming the protected persons and the prohibited contact. | § 45-5-209(7) |
| Counseling | The assessment and the 40-hour minimum are required by the PFMA statute itself. | § 45-5-206(4) |
| Weapons | A judge may prohibit owning or carrying a dangerous weapon, and may prohibit possession or use of the firearm used in the assault. | § 46-18-202(1)(b); § 45-5-206(7) |
| Alcohol and drug monitoring | The 24/7 sobriety and drug monitoring program may be ordered for a violation of any statute involving domestic abuse if alcohol or drug abuse was a contributing factor, including on a first offense. | § 46-18-201(4)(n) |
| Movement and association | A judge may restrict freedom of movement and freedom of association. | § 46-18-202(1)(c), (d) |
| Money | Fines, costs, restitution, and the cost of supervision. | § 46-18-201(4), (5) |
| Anything else reasonable | Any other reasonable restriction considered necessary for rehabilitation or for the protection of the victim or society. | § 46-18-201(4)(p) |
The table shows what a judge has authority to order. It is not a list of what every judgment contains. Your conditions are the ones written in your judgment and in any separate order. The court must give you a written copy of the sentence at sentencing, or within 2 weeks if it is sent electronically or by mail (MCA § 45-5-206(8)). Read it, and ask your lawyer about anything unclear before you act on a guess.
Contact With the Other Person
Contact conditions are the ones to be most careful with. The rule is simple: follow the written order exactly, even if both of you want to resume normal life before the paperwork allows it. Under the no contact order statute, the protected person's consent to contact is not a defense, and each contact is a separate offense (MCA § 45-5-209(8)(b)). A condition of probation works the same way in practice, because the condition binds you, not the other person.
If a condition no longer fits, the way to change it is a request to the judge. A judge may modify or add any condition of probation or suspension of sentence at any time (MCA § 46-23-1011(5)(a)). Let a lawyer make that request and handle any communication it involves. See what counts as contact and order violation penalties.
How a Violation Is Handled
Revocation follows MCA § 46-18-203. The steps are:
- Petition. A petition showing probable cause of a violation is filed. It must be filed during the suspended or deferred period, not after it expires. The judge may set a hearing or issue an arrest warrant.
- Notice and rights. A person who is arrested must be brought before the judge without unnecessary delay and no more than 60 days after arrest. At least 10 days before the hearing the person must be told of the allegations, the opportunity to appear and present evidence, the opportunity to question adverse witnesses, and the right to counsel.
- Hearing. The prosecution must prove a violation by a preponderance of the evidence. That is a lower standard than proof beyond a reasonable doubt.
- Decision. If no violation is proved, the petition must be dismissed. If one is found, the judge may continue the sentence without change, continue it with modified or additional conditions, or revoke the suspension and require the person to serve the sentence imposed, or another sentence that could have been imposed and carries no longer term than the original. If the sentence was deferred, the judge may impose any sentence that could originally have been imposed.
One provision is specific to money. When the petition is based on a failure to pay restitution, the person may excuse the violation by showing that the failure was not due to a lack of good faith effort to obtain the means to pay (MCA § 46-18-203(7)(b)).
Violations the Statute Treats as More Serious
The revocation statute separates "compliance violations" from everything else. A compliance violation is a violation of supervision conditions that is not one of five listed things (MCA § 46-18-203(11)(b)). Three of the five come up in domestic cases:
- A new criminal offense.
- Possession of a firearm in violation of a condition of probation.
- Behavior by the offender, or by anyone acting at the offender's direction, that could be considered stalking, harassing, or threatening the victim of the offense or a member of the victim's immediate family or support network.
The list also includes failure to enroll in or complete a required treatment program designed to treat violent offenders. Whether a particular counseling program falls in that category is a question for the court. For felony probationers, the distinction affects whether a violation can be handled informally by the Department of Corrections before any petition is filed (MCA § 46-23-1015).
Credit and Early Termination
If a sentence is revoked, the judge must consider the time that has passed and allow credit for elapsed time served without any record of violations, and must state reasons if credit is denied (MCA § 46-18-203(8)(b)). Days in jail on the revocation itself are credited too.
Going the other direction, a person who has complied may be able to end supervision early. See early probation termination. For the counseling piece, see the PFMA counseling requirement.
This page explains Montana law in general as of the 2025 Montana Code Annotated. It is not legal advice about your specific case.