In Montana, a misdemeanor partner or family member assault (PFMA) charge must generally be brought to trial within 6 months after you enter a plea. If it is not, and you did not cause the delay and the State cannot show good cause, the court must dismiss the case with prejudice. Felony cases are handled differently, under a constitutional test. This page explains both. It is part of our Montana Domestic Violence Guide.
The Six-Month Rule for Misdemeanors
The rule is one sentence in the dismissal statute: "After the entry of a plea upon a misdemeanor charge, the court, unless good cause to the contrary is shown, shall order the prosecution to be dismissed, with prejudice, if a defendant whose trial has not been postponed upon the defendant's motion is not brought to trial within 6 months" (MCA § 46-13-401(2)).
A first or second PFMA is a misdemeanor, so this is the rule that applies to most PFMA cases in Municipal Court and Justice Court. The word "shall" makes dismissal mandatory when the conditions are met, and "with prejudice" means the charge cannot be brought again.
Three Things That Decide a Six-Month Claim
- When the plea was entered. The six months runs from the plea, not the arrest. See the initial appearance.
- Whether the defense postponed the trial. The statute protects only "a defendant whose trial has not been postponed upon the defendant's motion."
- Whether there is good cause. The court may deny dismissal if good cause for the delay is shown. The statute does not define good cause, so it is decided on the facts of each case.
The second point is where the protection is most often lost. Continuances are common and sometimes necessary. Motions for continuance are left to the trial court's discretion and are to be considered in light of the diligence shown by the party asking (MCA § 46-13-202(3)). A defense continuance may be the right call, but it should be made knowing what it costs.
Other Ways the Deadline Is Given Up
A pretrial diversion agreement, in which the prosecutor agrees to defer the prosecution on conditions, must be in writing and "must state that the defendant waives the right to speedy trial for the period of deferral" (MCA § 46-16-130(1)(b)). A court may also ask a defendant to sign a waiver when a trial date is moved at the defense's request. Read anything you are asked to sign, and ask your lawyer what it does to the six-month clock.
The statute does not say how the six months is counted when a case is appealed from a lower court to District Court for a new trial. If your case is in that position, the question needs a lawyer's research, not a guess. See appealing a PFMA conviction.
Felony Cases: The Constitutional Test
The Montana Constitution guarantees the accused "a speedy public trial" in all criminal prosecutions (art. II, § 24), and the Sixth Amendment does the same. For felony charges, including a third or subsequent PFMA, there is no fixed number of months. In State v. Ariegwe, 2007 MT 204, the Montana Supreme Court set out the test its courts use. A court first asks whether the interval between accusation and the trial date is at least 200 days. If not, the claim is denied without further analysis. If so, the court balances four factors:
- the length of the delay,
- the reasons for the delay, with each period attributed to the State or the accused,
- the accused's responses to the delay, such as objections or acquiescence, and
- prejudice to the accused, including pretrial incarceration, prolonged anxiety and disruption, and harm to the defense.
The Court stressed that no single factor is dispositive. A delay longer than 200 days does not by itself mean dismissal. It means the court must do the analysis.
The Two Rules Compared
| Question | Misdemeanor six-month rule | Constitutional test |
|---|---|---|
| Where it comes from | MCA § 46-13-401(2) | Mont. Const. art. II, § 24 and the Sixth Amendment, as applied in State v. Ariegwe, 2007 MT 204 |
| Which cases | Misdemeanor charges | The right covers all criminal prosecutions. It is the test used in felony cases |
| The clock | 6 months, counted after the entry of a plea | Accusation to trial date. At least 200 days is needed before a court conducts the full analysis |
| What defeats a claim | A postponement on the defendant's own motion, or good cause shown | The outcome of a four-factor balancing test |
| Result if the claim succeeds | Dismissal with prejudice | Decided by the court on a motion to dismiss |
Raising the Issue
A speedy trial claim is raised by a motion to dismiss. Motions to dismiss are among the matters to be discussed at the omnibus hearing (MCA § 46-13-110(3)(i)), though a six-month claim by its nature may not ripen until later. In Ariegwe, the Court repeated its earlier guidance that a constitutional speedy trial motion filed fewer than ten days before trial can cause delay that is charged to the defendant. Timing the motion is part of the lawyer's job.
Living With a Pending Case
Months of waiting are hard, especially under a no contact order that keeps you out of your home or away from your family. The delay does not loosen any condition. The order, any monitoring, and every release term remain in force until a court changes them, and a violation during the wait creates a new charge that has its own clock. If the conditions have become unworkable, the lawful route is a motion to the court. See changing or lifting a no contact order and how long a PFMA case takes.
This page explains Montana law in general as of the 2025 Montana Code Annotated. It is not legal advice about your specific case.