Violating a no contact order is a criminal offense under MCA § 45-5-209(8). A person commits it by purposely or knowingly violating any provision of a no contact order, with knowledge of the order. Each contact or attempted contact is a separate offense, the protected person's consent is not a defense, and each count carries up to 6 months in county jail and a fine of up to $500. This page explains those rules. It is part of our Montana Domestic Violence Guide.

Which Orders This Crime Covers

Section 45-5-209 creates a specific kind of order. It can be served by a peace officer when a person is charged with or arrested for partner or family member assault (PFMA) or, if the alleged victim is a partner or family member, for aggravated assault, assault with a weapon, or strangulation (MCA § 45-5-209(1)). That first order lasts 72 hours or until the first court appearance. A court can then review, amend, and continue it, or issue one at arraignment or any other appearance, including sentencing (MCA § 45-5-209(4), (6), and (7)).

The crime in subsection (8) applies to "any order issued under this section." Two other things are also called a no contact order and work differently:

More than one of these can be in effect at once.

What the State Must Prove

The offense has three parts (MCA § 45-5-209(8)(a)):

  • an order issued under § 45-5-209,
  • the person's knowledge of the order, and
  • a purposeful or knowing violation of any provision of it.

On knowledge, the statute requires that notice of the order be given orally and in writing by a peace officer at the time of charge or arrest, with a copy to the defendant, and that a later order be in writing with a copy given to the defendant when the court issues it (MCA § 45-5-209(2) and (7)).

On what counts as a violation, the order controls. The statute allows the court to prohibit contact "in person, by a third party, by telephone, by electronic communication ... and in writing," and to impose up to a 1,500-foot restriction to stay away from the protected person's location (MCA § 45-5-209(1)). Our page on what counts as contact goes through the common situations.

Each Contact Is a Separate Offense

The statute says: "Each contact or attempt to make contact with each protected person, directly or indirectly, is a separate offense" (MCA § 45-5-209(8)(b)). Read it phrase by phrase:

  • Each contact. The count is per contact, not per day or per conversation.
  • Or attempt. A call that is not answered or a message that is not read can still be charged.
  • Each protected person. An order can list more than one name.
  • Directly or indirectly. Using another person to carry a message is covered.

With a maximum of 6 months on each count, a string of messages can add up to far more exposure than the 6 months a single count suggests.

Consent Is Not a Defense

This is the rule people find hardest to accept, particularly when both people want to talk, share a home, or have children together. The statute is explicit: "Consent of the protected person to prohibited contact is not a defense. A protected person may not be charged with a violation of a no contact order" (MCA § 45-5-209(8)(b)).

The order served at arrest must carry a warning to the same effect: "You may be arrested even if the person protected by the no contact order invites or allows you to violate the prohibitions" (MCA § 45-5-209(5)).

The order is the court's, not the protected person's. Neither of you can waive it. If the order is causing real problems with housing, children, or work, the way to address that is a request to the judge. See changing or lifting a no contact order.

The Penalty, and What Else Can Follow

A person convicted of violating a no contact order "shall be fined an amount not to exceed $500 or be imprisoned in the county jail for a term not to exceed 6 months, or both" (MCA § 45-5-209(8)(c)). The subsection does not set a minimum, and it does not increase the range for a second or later violation.

The new charge is not the only consequence. A violation is new alleged criminal conduct while you are on release in the original case, and the State can bring it to the judge's attention. Depending on what was said, contact can also be charged under other statutes, including stalking and tampering with witnesses.

If You Are Accused of a Violation

Do not try to fix it by contacting the protected person. Do not delete messages or call logs. Write down what happened for your lawyer and no one else. If you need belongings from a shared home, there is a lawful way to do that, covered in getting your belongings from home.

A&M Law is a Missoula firm that defends PFMA charges and no contact order violations in Western Montana.

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