The Victim Rights Notice Police Give on a Montana Domestic Call

When Montana officers arrest someone for partner or family member assault (PFMA), or respond to a call where it is suspected, they are required to give the alleged victim a notice of rights. The notice includes a written statement that the Legislature put in the statute word for word. If you are the person accused, you will not be given a copy, but you should know what it says, because it tells the other person about court orders that can affect where you live, your children, and your property. This page goes through it. It is part of our Montana Domestic Violence Guide.

What MCA § 46-6-602 Requires

The officer, "outside the presence of the offender, shall advise the victim of the availability of a shelter or other services in the community and give the victim immediate notice of any legal rights and remedies available." The notice "must include furnishing the victim with a copy" of the statutory statement.

Two details matter. The duty applies both when there is an arrest and when the officer "responds to a call in which partner or family member assault is suspected," so the notice may be given even if no one is arrested. And it is given outside the other person's presence. The statute uses the words "victim" and "offender" because that is how it is written. At that stage no court has found anything.

What the Statement Says About Orders of Protection

The statement opens by saying that the city or county attorney's office can file criminal charges. It then says that, in addition, the person may go to court and file a petition requesting any of the following:

1. an order of protection that prohibits the offender from threatening to hurt or hurting the person;
2. an order that directs the offender to leave the person's home and prohibits any contact;
3. an order that prevents the offender from transferring any property except in the usual course of business;
4. an order that prohibits the offender from being within 1,500 feet or other appropriate distance of the person, any named family member, and the person's worksite or other specified place;
5. an order that gives the person possession of necessary personal property;
6. an order that prohibits the offender from possessing or using the firearm used in the assault.

It goes on to say that if the petition is filed in district court, the court may order all of the above and "may award custody of your minor children to you or to the other parent," may order visitation, and may order support payments if there is a legal obligation to pay support.

That is a civil case, separate from the criminal charge, with its own hearing. See temporary orders of protection and responding to an order of protection.

Restitution, Compensation, and Other Help

The statement tells the person they may be eligible for restitution payments from the offender, or for crime victims compensation payments from a fund administered by the state. It has blanks for the local agencies to call, and for agencies that can give additional information or emergency help.

It also says that a person may choose to keep their residential address off the list of registered voters if someone has been found guilty of PFMA, stalking, or another offense involving bodily harm or the threat of it against them or a partner or family member.

On the criminal side, a court sentencing a person for PFMA must require payment of the victim's reasonable actual medical, housing, wage loss, and counseling costs (MCA § 45-5-206(5)). See restitution and court costs.

Rights That Continue Through the Case

The notice at the scene is the first of several. Title 46, chapter 24 of the Montana Code gives victims and witnesses a continuing role.

The notification and consultation rights apply to felonies and to misdemeanors "involving actual, threatened, or potential bodily injury to the victim" (MCA §§ 46-24-104, 46-24-203(2)). An employer may not discharge or discipline a victim for participating, at the prosecutor's request, in preparation for or attendance at a criminal proceeding (MCA § 46-24-205(3)). How these rights work in the courtroom is covered in the alleged victim's role in court.

What Else Officers May Do for the Other Person

The responding officer may take reasonable action necessary to provide for the safety of the alleged victim and other household members, transport or arrange transportation to a safe location, and assist in removing necessary personal items (MCA § 46-6-603(2)). Law enforcement must also ensure that a victim receives emergency social and medical services as soon as possible (MCA § 46-24-201(1)).

Why the Accused Should Know This

None of this is a reason to feel differently about the other person, and none of it is evidence of guilt. It matters to you for practical reasons.

• A second case may start quickly. The notice points the other person to the forms and the court for an order of protection. You may be served with a temporary order while the criminal case is days old.
• Custody can be addressed there. The statement itself mentions custody, visitation, and support. See PFMA and child custody.
• The other person will have information and support. They can be told about your release and your court dates and can speak with the prosecutor and an advocate.
• You do not get to respond directly. Do not contact the other person to ask what they were told, what they plan to file, or what they said. If a no contact order is in place, that contact is a new offense even if they invite it (MCA § 45-5-209(8)(b)). Your lawyer handles communication.

Ashley Hurlbert handles both criminal defense and family law matters at A&M Law, which is relevant when a PFMA charge and an order of protection or parenting case are moving together. See our domestic violence defense page and our family law page.

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