At a sentencing hearing in a Montana PFMA case, the judge hears from the prosecutor and the defense, asks the person being sentenced whether they wish to speak, receives any statement from the alleged victim, and then imposes a sentence within the range the statute allows. The procedure is set by MCA § 46-18-115. This page walks through it. It is part of our Montana Domestic Violence Guide, and the ranges the judge works within are on the PFMA penalties chart.
What the Hearing Must Include
| Step | What the statute requires | MCA |
|---|---|---|
| Both sides are heard | The court must give the parties an opportunity to be heard on any matter relevant to the disposition, including mandatory minimums and exceptions. | § 46-18-115(1) |
| You may speak | The court must address you personally to ask whether you wish to make a statement and present information in mitigation, and must give you a reasonable opportunity to do so. | § 46-18-115(3) |
| The victim may speak | The court must permit the victim to present a statement, in writing before the hearing, orally under oath at the hearing, or both. | § 46-18-115(4)(a) |
| A minor's presence is weighed | If the offense was committed within the vision or hearing of a minor, the judge must consider that as a factor. | § 45-5-206(3)(a)(v) |
| Sentence is imposed | The court imposes sentence or makes another disposition authorized by law. In felony cases it must state its reasons on the record and in the written judgment. | § 46-18-115(5), (6) |
| You get it in writing | The court must give you a written copy of the sentence at sentencing, or within 2 weeks if sent electronically or by mail. | § 45-5-206(8) |
The hearing follows a guilty or no contest plea, or a verdict or finding of guilty. When a case is resolved by plea agreement, the plea and the sentencing can take place close together. How a particular court schedules them is a local matter.
Your Right to Speak
The statute requires the court to "address the defendant personally to ascertain whether the defendant wishes to make a statement and to present any information in mitigation of punishment or reason why the defendant should not be sentenced" (MCA § 46-18-115(3)). If you wish to speak, the court must give you a reasonable opportunity. If neither side objects and the court agrees, this can be done by two-way video.
You are not required to say anything. If you do, what you say is on the record. Sentencing is not the place to reargue facts that have already been decided or to blame the other person. It is the place to tell the judge what you have done since the arrest, such as starting counseling, and how you will comply with the sentence. Prepare it with your lawyer.
The Victim's Statement
The court "shall permit the victim to present a statement concerning the effects of the crime on the victim, the circumstances surrounding the crime, the manner in which the crime was perpetrated, and the victim's opinion regarding appropriate sentence" (MCA § 46-18-115(4)(a)). The victim chooses the form: in writing before the hearing, orally under oath at the hearing, or both.
Two protections exist for the person being sentenced. The court must give copies of any written statement to the prosecutor and the defendant before imposing sentence. And if the statement includes new material facts the court intends to rely on, the court must allow the defendant an adequate opportunity to respond and may continue the hearing (MCA § 46-18-115(4)(b), (c)).
Apart from the hearing, the prosecutor must consult with the victim of a felony, or of a misdemeanor involving actual, threatened, or potential bodily injury, before the case is disposed of, to obtain the victim's views on matters including dismissal and plea negotiations (MCA § 46-24-104). A victim also has the right to be present at any hearing that pertains to the offense (MCA § 46-24-106(1)).
One rule for you follows from all of this. Whether the other person gives a statement, and what it says, is their decision. Do not contact them about it, directly or through anyone else, and do not ask them to write to the judge. If a no contact order is in place, doing so is a new offense. Even if it is not, it can be treated as pressure on a witness. See the alleged victim's role in court.
Presentence Investigations
A presentence investigation is a report prepared by a probation and parole officer for the sentencing judge. The rules in MCA § 46-18-111 depend on the level of the case:
- Felony cases generally. The district court may request one after a plea or finding of guilty to a felony.
- Violent offenses and open restitution. The court shall order one if the person is convicted of a violent offense as defined in the registration statute, or of a crime for which restitution may be owed when the amount is not in a plea agreement (MCA § 46-18-111(1)(d)). A third or subsequent PFMA and strangulation of a partner or family member are listed violent offenses (MCA § 46-23-502(14)(a)).
- Misdemeanors. A district court may order one only if the State originally charged the case as a sexual or violent offense (MCA § 46-18-111(2)).
The report covers the person's characteristics and circumstances as reflected in a validated risk and needs assessment, criminal record and social history, the circumstances of the offense, time already spent in detention, the harm caused to the victim, the victim's immediate family, and the community, and the victim's pecuniary loss (MCA § 46-18-112(1)). The officer must make a reasonable effort to confer with the victim about that loss.
The report is part of the court record but is not open to the public. A copy goes to the prosecution, to the defendant and defense counsel, to the probation and parole officer, and to any agency or institution the defendant is committed to (MCA § 46-18-113(1)). Read it with your lawyer before the hearing. Errors in a criminal history or in the description of the offense should be raised before the judge relies on them. The person sentenced pays a $50 fee for the report unless the court finds an inability to pay (MCA § 46-18-111(3)).
What the Judge Decides
Within the statutory range, the judge decides the jail or prison term, how much of it is suspended, the fine, restitution, and the conditions. In a PFMA case the sentence must include the counseling assessment and counseling and payment of the other person's reasonable actual costs (MCA § 45-5-206(4), (5)). The judge may issue a no contact order at sentencing (MCA § 45-5-209(7)), and may address the firearm used in the assault (MCA § 45-5-206(7)).
Related pages cover each piece: jail alternatives and credit for time served, restitution and court costs, and probation conditions. If there is a plea agreement, how much it binds the judge depends on its type. See plea agreements in PFMA cases.
After the Hearing: The Written Judgment
The PFMA statute requires the court to give you a written copy of your sentence at sentencing, or within 2 weeks if it is sent electronically or by mail (MCA § 45-5-206(8)). Under the general statute, the written judgment must be signed and entered on the record within 30 days after the sentence is pronounced (MCA § 46-18-116(1)).
Compare the written judgment with what the judge said in court. If they conflict, you or the prosecutor may ask the court, within 120 days after the written judgment is filed, to modify the written judgment to match the oral pronouncement (MCA § 46-18-116(2)). Then follow the written conditions exactly, starting that day. Deadlines for counseling enrollment, payments, and reporting to probation can begin right away. For what comes next if you disagree with the outcome, 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.