A defense lawyer in a partner or family member assault (PFMA) case does six things, roughly in this order: deals with release conditions and the no contact order, obtains the State's evidence, investigates independently, files motions, negotiates with the prosecutor, and tries the case if it comes to that. This page explains each step and what the law provides at each one. It is part of our Montana Domestic Violence Guide.
| Stage | What the lawyer does | Source |
|---|---|---|
| Release and the no contact order | Appears with you, addresses bail and conditions, and asks the court to review or amend the order where the facts support it. | MCA §§ 45-5-209(6), 46-9-108(3) |
| Discovery | Requests the State's witness list, statements, reports, photographs, and anything that tends to negate guilt or reduce the sentence. | MCA § 46-15-322(1) |
| Investigation | Gathers records and the accounts of witnesses through lawful channels, independent of the police file. | |
| Motions | Raises defenses, objections, and requests that can be decided before trial, at or before the omnibus hearing. | MCA §§ 46-13-101, 46-13-110 |
| Negotiation | Discusses a possible plea agreement with the prosecutor and explains any offer to you. | MCA § 46-12-211(1) |
| Trial | Cross-examines the State's witnesses, presents your evidence, and argues the case to a jury or judge. | MCA § 46-17-201 |
Release Conditions and the No Contact Order
Release or detention is decided at the initial appearance (MCA § 46-9-109(1)). The court may set conditions such as no contact with the alleged victim and potential witnesses, restrictions on where you live and travel, a firearm restriction, and alcohol monitoring (MCA § 46-9-108(1)). The statute also tells the court to use the least restrictive conditions that will ensure your appearance and protect any person or the community (MCA § 46-9-108(3)).
A lawyer's role here is to give the court accurate information and to propose workable terms, for example where you will stay. If the standing 72-hour no contact order was served at arrest, the court reviews it at this hearing. Later, a lawyer can file a motion asking the court to amend conditions. What a lawyer cannot do is authorize contact. Until a judge changes the order in writing, you follow it exactly, even if the protected person invites contact.
Getting the State's Evidence
Discovery is how the defense sees the case. Under MCA § 46-15-322, the prosecutor must make available, on request, witness names and statements, your own statements, expert reports, and the papers, photographs, and objects the State may use at trial. The obligation reaches material held by others who took part in the investigation (MCA § 46-15-322(4)). In a PFMA case that usually means the officers' reports, body camera video, the 911 recording, and photographs. Our page on discovery in a PFMA case goes deeper.
Investigating Independently
The police report is one account, written quickly. A defense lawyer looks for what it left out: other witnesses, earlier messages, medical records, video from a neighbor or a business, and the timeline. Any approach to a witness is made by the lawyer or a defense investigator, never by you, and never in a way that conflicts with a court order. A lawyer also may not counsel or assist a witness to testify falsely or conceal evidence (Montana Rule of Professional Conduct 3.4). The goal is an accurate record.
Motions and the Omnibus Hearing
After a not guilty plea, the court holds an omnibus hearing within a reasonable time and at least 30 days before trial (MCA § 46-13-110(1)). The topics include discovery disputes, motions to suppress, motions to dismiss, and notice of certain defenses. Any defense, objection, or request that can be decided without a trial must be raised at or before that hearing, and failing to raise it on time is a waiver unless the court grants relief (MCA § 46-13-101).
Some defenses require written notice to the prosecutor. A defendant who intends to rely on justifiable use of force, the legal term for self-defense, must give notice within 30 days after arraignment or a later time the court allows (MCA § 46-15-323(2)). Deadlines like these are easy to miss without counsel.
Negotiation
The prosecutor and defense counsel may discuss an agreement under which the State dismisses other charges, agrees to a specific sentence, or makes a sentencing recommendation (MCA § 46-12-211(1)). A lawyer evaluates an offer against the evidence, explains what each term means for firearms, parenting, and any later charge, and tells you what the court is and is not bound to do. You decide. See plea agreements in PFMA cases.
Trial, and What Follows
In a misdemeanor case you are entitled to a jury of six (MCA § 46-17-201(1)). At trial the lawyer selects the jury, cross-examines the State's witnesses, presents your evidence, and argues that the State has not met its burden. If there is a conviction, the work shifts to sentencing: the counseling requirement, any jail, probation terms, and whether an appeal makes sense. For how long these stages take, see 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.