Yes, PFMA can be charged without any physical contact. Under MCA § 45-5-206(1)(c), a person commits partner or family member assault by purposely or knowingly causing reasonable apprehension of bodily injury in a partner or family member. No injury and no touching are required. This page explains that subsection and is part of our Montana Domestic Violence Guide.
What the Subsection Requires
Broken into parts, the State has to prove four things:
- The other person is a partner or family member.
- That person experienced apprehension of bodily injury, meaning physical pain, illness, or an impairment of physical condition.
- The apprehension was reasonable.
- The accused caused it purposely or knowingly.
"Apprehension" in this setting means an expectation or fear that injury is coming. The statute does not use the word "threat," and it does not list the kinds of conduct that qualify.
What Makes Apprehension "Reasonable"
The Montana Code does not define "reasonable apprehension." The word "reasonable" signals that the question is not only whether this particular person felt afraid. It is whether fear of bodily injury made sense under the circumstances. That is our reading of the text, and it is the kind of question a judge or jury decides by looking at the whole situation.
The circumstances that tend to matter are the ones you would expect: what was said and how, what was done, how close the two people were, whether anything was thrown, raised, or broken, and whether there was a way to leave. The history between the two people can matter as well, although rules of evidence limit when earlier incidents can be brought in. See prior acts evidence.
The Mental State: Purposely or Knowingly
Reasonable fear alone is not enough. The State must prove that the accused caused it purposely or knowingly. Under MCA § 45-2-101, a person acts purposely when it is the person's conscious object to cause the result, and knowingly as to a result when the person is aware that it is highly probable the result will be caused by the conduct.
So the question is whether you meant to make the other person fear injury, or were aware that your conduct was highly likely to do that. A judge or jury may infer a mental state from the acts and the surrounding circumstances (MCA § 45-2-103(3)), which is why what was captured on a recording often matters more than what anyone says afterward. More in purposely, knowingly, negligently.
Threats, Gestures, and Property
The statute does not sort conduct into categories, so there is no list that says a raised fist counts and a slammed door does not. A few general points follow from the wording:
- Words. A spoken threat to hurt someone can support the charge if the fear of injury was reasonable in context. Angry or insulting words that carry no prospect of physical harm do not fit the subsection.
- Gestures and movement. Lunging, cornering, or raising a hand can be offered as evidence of both the apprehension and the mental state.
- Objects. Throwing or breaking things may be charged as PFMA when the State says it was done to cause fear of injury. Damage to property can also be a separate charge: see property damage in a domestic dispute.
Each of these depends on the facts. The same act can look very different once the full recording, the layout of the room, and each person's account are put together.
When Fear Is Charged as Something More Serious
Several Montana offenses use the idea of reasonable apprehension. What separates them is the kind of injury feared and whether a weapon or physical force was involved.
| Offense | What must be apprehended | MCA |
|---|---|---|
| PFMA, apprehension form | Reasonable apprehension of bodily injury in a partner or family member | § 45-5-206(1)(c) |
| Assault, apprehension form | Reasonable apprehension of bodily injury in another | § 45-5-201(1)(d) |
| Assault with a weapon | Reasonable apprehension of serious bodily injury, by use of a weapon or what reasonably appears to be a weapon | § 45-5-213(1)(b) |
| Aggravated assault | Reasonable apprehension of serious bodily injury or death, with the use of physical force or contact | § 45-5-202(1) |
Assault with a weapon and aggravated assault each carry up to 20 years in state prison. See assault with a weapon on a partner.
How These Cases Are Defended
Because there is no injury to photograph, apprehension cases tend to rest on accounts and recordings. The issues usually fall into three groups: whether the other person actually apprehended bodily injury, whether that apprehension was reasonable, and whether the accused acted purposely or knowingly. Self-defense can also apply to a threat of force, since Montana's justification statute covers both the use of force and the threat to use it (MCA § 45-3-102).
None of that should be worked out by talking to the other person. If a no contact order is in place, follow it exactly, and let your lawyer gather the evidence. Our PFMA defense pageexplains how A&M Law handles these cases in Western Montana.
This page explains Montana law in general as of the 2025 Montana Code Annotated. It is not legal advice about your specific case.