The Alleged Victim's Role in a Montana PFMA Case

In a Montana partner or family member assault (PFMA) case, the person named as the victim is not a party and does not decide whether the case goes forward. That person does have rights set by statute: to be notified, to be consulted by the prosecutor, to attend, and to speak at sentencing. This page explains those rights and why all contact with that person belongs to your lawyer. It is part of our Montana Domestic Violence Guide.

A note on words: the statutes say "victim." Before a conviction, whether an offense occurred is the question the case exists to answer, so on this page we say "alleged victim" or "the other person" except when quoting or summarizing a statute.

A Witness, Not a Party

The case is captioned in the name of the State or the city (MCA § 46-11-401(1)). The prosecutor represents the government, not the alleged victim personally. That is why the other person cannot dismiss the charge, as explained in can the victim drop the charges, and why they can be subpoenaed like any other witness (MCA § 46-15-101).

Rights Under Montana's Victim and Witness Statutes

The notice and consultation statutes apply to the victim of a felony or of "a misdemeanor offense involving actual, threatened, or potential bodily injury to the victim" (MCA §§ 46-24-104, 46-24-203(2)). A PFMA charge fits that description. The first notice typically comes from the responding officers. See the victim rights notice from police.

Consultation With the Prosecutor

As soon as possible before the case is resolved, the prosecuting attorney must consult with the victim to obtain their views on the disposition of the case, including dismissal, release of the accused pending judicial proceedings, plea negotiations, and pretrial diversion (MCA § 46-24-104).

For you, this means the other person's views will reach the prosecutor without any help from you. They may be asked about your release conditions, including the no contact order, and about any plea agreement being discussed. The statute requires the prosecutor to ask. It leaves the decision with the prosecutor and, where a judge must approve, the court.

In the Courtroom

A victim has the right to be present at any trial or hearing pertaining to the offense and may not be excluded based solely on having been subpoenaed or required to testify (MCA § 46-24-106(1)). A judge may exclude a victim upon a finding of specific facts supporting exclusion or for disruptive behavior, and must first allow the victim to address the court on the issue (MCA § 46-24-106(2) and (3)).

Expect, then, that the other person may be in the room at your hearings. A no contact order still applies inside the courthouse. Do not speak to, gesture at, or approach them, in the hallway or the courtroom, and tell your lawyer ahead of time if you are worried about how to manage a shared space. See what counts as contact.

The Statement at Sentencing

If the case ends in a conviction or guilty plea, the court must permit the victim to present a statement about the effects of the crime, the circumstances, and their opinion regarding the appropriate sentence. The statement can be in writing before the hearing, oral under oath at the hearing, or both (MCA § 46-18-115(4)(a)).

The defense has protections here. The court must give copies of any written statement to the prosecutor and the defendant before imposing sentence. If the statement includes new material facts on which the court intends to rely, the court must allow the defendant adequate opportunity to respond and may continue the hearing (MCA § 46-18-115(4)(b) and (c)). In a PFMA case the court must also order payment of the victim's reasonable actual medical, housing, wage loss, and counseling costs (MCA § 45-5-206(5)). See the sentencing hearing in a PFMA case.

Victim Advocates

Prosecutors' offices and community organizations may have victim advocates who help the alleged victim understand the process and stay informed. Communications between a victim and an advocate from a domestic violence shelter, crisis line, or victim's services provider are privileged: the advocate may not be examined about them without the victim's consent (MCA § 26-1-812(1)).

Why Your Lawyer, Not You, Makes Contact

There are legitimate reasons for the defense to want information from the other person. There is no legitimate way for you to get it yourself.

• A no contact order under MCA § 45-5-209 prohibits contact, and consent of the protected person is not a defense.
• A release order can separately require you to avoid all contact with an alleged victim and any potential witness (MCA § 46-9-108(1)(e)).
• Attempting to induce a witness to testify falsely, withhold testimony, or not appear is the felony of tampering with witnesses (MCA § 45-7-206). See witness tampering and contacting the other person.

A defense lawyer knows how to make a proper request for an interview, and how to proceed if the witness declines. If the other person contacts you, do not respond. Tell your lawyer. See if the protected person contacts you.

If you are the person named as the victim and you are reading this, you can ask the prosecutor's office for an advocate and you may consult your own lawyer. If you are in danger, call 911. The National Domestic Violence Hotline is 1-800-799-7233.

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