Montana Domestic Violence Guide

The 72-Hour No Contact Order in Montana

It is usually the first piece of paper you receive after a partner or family member assault arrest, and it is a court order from the moment it is served.

Written by

Ashley Hurlbert, Partner, A&M Law

Licensed Montana attorney and co-founder of A&M Law. 18 years of experience as lead counsel in 50+ jury and bench trials. A Certified Mediator and Certified Guardian ad Litem focusing on family law, criminal defense, and DUI defense.

18 yearsReviewed by Misty GaubatzLast reviewed: August 30, 2026

When a person is arrested for or charged with partner or family member assault (PFMA) in Montana, the officer can hand over a no contact order on the spot. It takes effect right away, it lasts for 72 hours or until the first court appearance, and breaking it is a new criminal offense. The rules are in MCA § 45-5-209. This page is part of our Montana Domestic Violence Guide.

Where the Order Comes From

A judge does not have to be woken up for each arrest. The statute lets a court issue a standingno contact order and direct law enforcement to serve it on a defendant charged with or arrested for PFMA under § 45-5-206. It also covers aggravated assault, assault with a weapon, and strangulation when the alleged victim is the defendant's partner or family member (MCA § 45-5-209(1)).

A peace officer must give notice of the order both orally and in writing at the time of the charge or arrest. One copy goes to the defendant and one is filed with the court (MCA § 45-5-209(2)). The charge itself must be supported by the officer's affidavit of probable cause (MCA § 45-5-209(3)).

What the Order Must Say

The statute sets the wording. Under MCA § 45-5-209(5), the order must state:

"You have been charged with or arrested for an assault on a partner or family member. You are not allowed to have contact with (list names). You may not (blank). Violation of this no contact order is a criminal offense under 45-5-209, MCA, and may result in your arrest. You may be arrested even if the person protected by the no contact order invites or allows you to violate the prohibitions. This order lasts 72 hours or until the court continues or changes the order."

Two parts are filled in for each case: the names of the protected persons, and what you may not do. Read both. The list of names can include more than one person.

What It Can Prohibit

The court may set the conditions it finds necessary to enhance the safety of any protected person. The statute lists what those conditions may include (MCA § 45-5-209(1)):

contact in person;
contact by a third party;
contact by telephone;
contact by electronic communication, as defined in § 45-8-213;
contact in writing; and
a restriction of up to 1,500 feet from the protected person's location.

The distance rule is tied to the protected person's location, so it can keep you away from a shared home while they are there. Our page on what counts as contact goes through texts, social media, and messages passed through other people. For housing, see where can I live.

How the 72 Hours Works

The order served at arrest "is effective for 72 hours or until the defendant makes the first appearance in court" (MCA § 45-5-209(4)). The statute does not spell out what happens if 72 hours pass with no court appearance, and the required wording on the order says it lasts until the court "continues or changes" it. The safe reading is to treat the order as in force until a judge or your lawyer tells you otherwise.

In practice the first appearance usually comes first. A person arrested for any assault on a partner or family member may not be released on bail without first appearing before the judge (MCA § 46-9-302(1)). Our pages on the first 48 hours after a PFMA arrest and the initial appearance explain that hearing.

What Happens at the First Appearance

The court "shall review and amend, if appropriate, the no contact order at the defendant's first appearance" (MCA § 45-5-209(6)). The judge can leave it as is, narrow it, widen it, or replace it with a written order that runs while the case is pending. A new order can be issued at arraignment or any later appearance, including sentencing (MCA § 45-5-209(7)).

So the 72-hour order is rarely the end of the matter. For what comes next, see no contact as a release condition. If the order creates a real hardship, the first appearance is the first chance to ask for a change. See changing or lifting a no contact order.

If the Order Is Violated

A person commits the offense of violation of a no contact order if, with knowledge of the order, the person purposely or knowingly violates any provision of it (MCA § 45-5-209(8)(a)). The penalty is a fine of up to $500, up to 6 months in county jail, or both. Each contact or attempt to make contact with each protected person, directly or indirectly, is a separate offense.

The statute also says that consent of the protected person is not a defense, and that a protected person may not be charged with violating the order. More detail is on our page about violating a no contact order.

What to Do During the First 72 Hours

Read the order and keep your copy with you.
Do not call, text, message, or send word through anyone, even to apologize or to arrange picking up property.
Do not reply if the protected person reaches out. Save the message.
Find somewhere else to stay if the order keeps you from the home.
Talk to a lawyer before the first appearance if you can, and let the lawyer handle any communication that has to happen.

This page explains Montana law in general as of the 2025 Montana Code Annotated. It is not legal advice about your specific case.

Montana Domestic Violence Guide Domestic Violence Defense No Contact as a Release Condition What Counts as Contact If the Protected Person Contacts You Getting Your Belongings From Home

FAQ

The 72-Hour No Contact Order in Montana FAQ

Does the no contact order end automatically after 72 hours?

Do not assume so. The statute says the order served at arrest is effective for 72 hours or until the first appearance, and the required wording says it lasts 72 hours or until the court continues or changes it (MCA § 45-5-209(4), (5)). In most cases a judge reviews it before the 72 hours run. Until a lawyer or the court confirms that no order is in place, act as though one is.

Who decided I could not have contact? The other person did not ask for this.

The court did. Section 45-5-209 lets a court issue a standing order ahead of time and direct law enforcement to serve it on anyone charged with or arrested for the listed offenses. The alleged victim does not have to request it and cannot waive it.

Can I go home to get my things during the 72 hours?

Not if the order bars you from the protected person or sets a distance from their location and they are at the home. The statute has no exception for collecting property. See getting your belongings from home.

What if they text me first during the 72 hours?

Do not reply. The order itself must warn that you may be arrested even if the protected person invites or allows the contact, and the statute says consent is not a defense (MCA § 45-5-209(5), (8)(b)). Keep the message and show it to your lawyer.

Does the 72-hour order apply to charges other than PFMA?

Yes, to three others when the alleged victim is a partner or family member: aggravated assault (§ 45-5-202), assault with a weapon (§ 45-5-213), and strangulation of a partner or family member (§ 45-5-215).

Handed a No Contact Order at Arrest?

The first appearance is where the order is reviewed. We can help you prepare for it. Call 406-830-3060 for a confidential consultation.

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