A PFMA conviction in Montana comes with more financial obligations than the fine. The court must order payment of the other person's reasonable actual medical, housing, wage loss, and counseling costs (MCA § 45-5-206(5)), statutory charges are added to every conviction, and the person convicted pays for counseling and, if able, for supervision. This page lists each category and the rules about ability to pay. It is part of our Montana Domestic Violence Guide. For the fine ranges themselves, see the PFMA penalties chart.
Restitution Under the PFMA Statute
The PFMA statute has its own restitution clause. "In addition to any sentence imposed," the court "shall require the offender to pay the victim's reasonable actual medical, housing, wage loss, and counseling costs," with the amount, method, and time of payment determined the same way as under the general restitution statute (MCA § 45-5-206(5)). Housing is on that list alongside medical and counseling costs.
The words "reasonable" and "actual" matter. The costs have to be real and supported, not estimated or punitive.
Montana's General Restitution Rules
On top of that clause, the general sentencing statute requires full restitution whenever a victim has sustained a pecuniary loss, whether or not any part of the sentence is deferred or suspended (MCA § 46-18-201(5)). The definitions and procedures are in MCA §§ 46-18-241 to 46-18-249:
- What counts. Pecuniary loss means special damages a person could recover in a civil action, such as medical expenses and lost income, the full replacement cost of property harmed, future medical expenses including counseling, and reasonable out-of-pocket expenses of cooperating in the investigation and prosecution. General damages are excluded (MCA § 46-18-243(1)).
- Who can receive it. The victim, and also an insurer or the state crime victims compensation program to the extent either has already reimbursed the victim (MCA § 46-18-243(2)).
- How the amount is set. The court specifies the total. When a presentence investigation is done, the court can order it to include an affidavit from the victim describing the loss. When there is no presentence report, the court accepts evidence of the loss at sentencing (MCA §§ 46-18-242, 46-18-244(1)).
- Your right to contest it. In the proceeding to determine the amount, "the offender may assert any defense that the offender could raise in a civil action for the loss" (MCA § 46-18-244(2)).
- Interest. If a person is out of compliance with court-ordered payments for 6 months or more, interest accrues at 3%, not compounded, once the judgment is placed for collection (MCA § 46-18-241(4)).
Statutory Charges and Surcharges
These amounts are set by statute and added to a conviction. They are not fines and are imposed in addition to any fine.
| Charge | Amount | MCA |
|---|---|---|
| Conviction charge, misdemeanor | $15 for each misdemeanor charge | § 46-18-236(1)(a) |
| Conviction charge, felony | The greater of $20 or 10% of the fine for each felony charge | § 46-18-236(1)(b) |
| Title 45 charge | An additional $50 for each misdemeanor and felony charge under Title 45, which includes PFMA | § 46-18-236(1)(c) |
| Court information technology surcharge | $10 on conviction, in all courts of original jurisdiction | § 3-1-317(1)(a) |
| Limited jurisdiction court surcharge | $10 on conviction in a court of limited jurisdiction | § 3-1-318(1) |
| Restitution supervision | 10% of the restitution ordered, but not less than $5 | § 46-18-241(2)(a) |
| Presentence report fee | $50 when a presentence investigation report is completed | § 46-18-111(3) |
| Felony supervision fee | $120 to $360 a year while supervised by the Department of Corrections | § 46-23-1031(1)(a)(i) |
The conviction charges in the first three rows must be waived if the court determines the person is not able to pay the fine and costs (MCA § 46-18-236(2)). The $10 surcharges can be waived on a finding of inability to pay, and for the limited jurisdiction court surcharge that finding must be supported by a sworn statement (MCA §§ 3-1-317(2), 3-1-318(2)).
Costs of Prosecution and Appointed Counsel
A court may require a convicted defendant to pay costs, including costs of jury service, costs of prosecution, and the cost of pretrial, probation, or community service supervision. Beyond ordinary taxable costs, these are limited to expenses specifically incurred in the case, or $100 per felony case or $50 per misdemeanor case, whichever is greater (MCA § 46-18-232(1)).
If you were represented by a public defender, the court must determine whether you should pay the cost of assigned counsel. For a guilty plea before trial the statute sets that cost at $250 for misdemeanor charges and $800 for felony charges, and the court may not order it unless you are or will be able to pay (MCA § 46-8-113(1), (4)).
Counseling and Supervision
Some ongoing expenses have no dollar figure in the code:
- Counseling. You pay for the assessment and for the counseling that follows, a minimum of 40 hours (MCA § 45-5-206(4)). Providers set their own fees. See the PFMA counseling requirement.
- Misdemeanor probation. The actual cost of supervision is yours to pay unless you show you are unable, and it is in addition to fines, restitution, and counseling (MCA §§ 46-23-1005(4), 45-5-206(6)).
- Monitoring. If a judge orders alcohol monitoring or another program as a condition, ask what it costs before you agree to it as part of a plea. See PFMA probation conditions.
If You Cannot Pay
Montana law builds ability to pay into most of these obligations, but it treats restitution differently from fines.
Fines and costs. A judge may not impose them unless you are or will be able to pay, may allow payment over time, and may later remit costs that would impose manifest hardship (MCA §§ 46-18-231(3), 46-18-232(2), (3), 46-18-234). A suspended or deferred sentence may not be revoked for a default on a fine that is not due to an intentional refusal or a failure to make a good faith effort (MCA § 46-18-233(2)). A court may also let part or all of a fine be satisfied by a donation of food to a food bank program (MCA § 46-18-201(3)(b)).
Restitution. The duty is to pay in full, and it lasts until paid. If the court finds that circumstances beyond your control leave you unable to pay, it may order community service instead during that time, credited at the state minimum wage (MCA § 46-18-241(3)). You may petition to adjust or waive restitution, but not within 1 year of the order, and the victim gets notice and a chance to be heard (MCA § 46-18-246). Unpaid restitution can be collected like any other judgment, and state and federal tax refunds can be intercepted (MCA §§ 46-18-244(7), 46-18-247(3)).
The time to raise ability to pay is at sentencing, with pay stubs and a budget in hand. See the sentencing hearing in a PFMA case.
This page explains Montana law in general as of the 2025 Montana Code Annotated. It is not legal advice about your specific case.