Under a Montana no contact order, "contact" covers far more than a face-to-face meeting. The statute lets a court prohibit contact in person, by a third party, by telephone, by electronic communication, and in writing, and it punishes each contact or attempt, made directly or indirectly (MCA § 45-5-209(1), (8)(b)). If you are asking whether something counts, the working answer is usually yes. This page is part of our Montana Domestic Violence Guide.
The Statute's List
| Kind of contact | Where it comes from | Everyday examples |
|---|---|---|
| In person | Named in § 45-5-209(1). | Going to the home or workplace, approaching in public, staying when you realize they are present. |
| By a third party | Named in § 45-5-209(1). | Asking a friend, relative, or child to pass along a message, an apology, or a question. |
| By telephone | Named in § 45-5-209(1). | Calls, voicemail, calls from a blocked or borrowed number, calls from jail. |
| By electronic communication | Named in § 45-5-209(1) and defined in § 45-8-213(6)(b). | Texts, email, direct messages, comments, tags, photos, payment app notes. |
| In writing | Named in § 45-5-209(1). | Letters, cards, notes left on a car or door. |
| Distance | Up to 1,500 feet from the protected person's location (§ 45-5-209(1)). | Being within the stated distance of wherever they are, if your order includes this term. |
The left two columns are the statute. The examples in the right column are our reading of how those words apply to ordinary situations. The statute does not name specific apps or platforms, and a court applies the text to the facts.
Electronic Communication Is Defined Broadly
Section 45-5-209 borrows its definition from the privacy in communications statute. There, "electronic communication" means "any transfer between persons of signs, signals, writing, images, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photoelectronic, or photo-optical system" (MCA § 45-8-213(6)(b)).
That language does not depend on the kind of device or service. A text, an email, a direct message, a voice note, a photo, or an emoji reaction is each a transfer of writing, images, sounds, or data between people. Threatening or harassing electronic messages can also be charged separately. See privacy in communications charges.
Social Media and Shared Accounts
The statute does not mention social media or shared accounts by name. These points follow from its text:
- Messages, comments, tags, and reactions directed at a protected person are electronic communication.
- Posts about the person or the case are risky even when not sent to them. Whether a public post is contact depends on the facts and on your order's wording, and posts can be used as evidence either way.
- Shared accounts, such as a joint bank account, a phone plan, a streaming profile, or a shared calendar, are not addressed by the statute. Using an account for its ordinary purpose is one thing. Using a transfer memo, a profile name, or a shared note to send a message is contact by another route.
- Location sharing and tracking through a shared account can raise separate problems, including stalking, which covers monitoring by electronic or GPS means (MCA § 45-5-220(2)).
If you need to separate shared accounts or deal with bills, raise it with your lawyer so it can be handled through counsel or the court. See the family home and bills during the case.
Third Parties and Indirect Contact
Contact by a third party is on the statute's list, and the offense reaches contact made "directly or indirectly." Sending word through a friend, a parent, a coworker, or a child is the same as sending it yourself. The intent behind the message does not change that.
Release conditions can also bar contact with potential witnesses (MCA § 46-9-108(1)(e)(ii)), and trying to get a witness to change or withhold testimony is a felony under MCA § 45-7-206. Our page on witness tampering explains that offense.
Replying Counts Too
If the protected person calls or texts, answering is contact by you. The statute says consent of the protected person is not a defense and that the protected person may not be charged (MCA § 45-5-209(8)(b)). The order served at arrest must carry a warning to the same effect. Our page on what to do if the protected person contacts you covers this in detail.
Knowledge and Accidental Encounters
The offense is committed when a person, "with knowledge of the order, purposely or knowingly violates any provision" of it (MCA § 45-5-209(8)(a)). That mental state matters. Walking into a store and finding the protected person there is not a purposeful or knowing violation. What you do next can be. If your order has a distance term, leave. Do not speak, gesture, or wait nearby.
Whether a particular encounter was knowing is a question of evidence, and it is decided after the fact. Do not plan around what you think you could explain later.
Read Your Own Order
The statute says what an order may include. Your order says what yours does include: which people, which kinds of contact, and what distance. A judge can also write in specific permissions. If your order has no exception for something you need, the answer is a motion to the court, not a workaround. See changing or lifting a no contact order.
This page explains Montana law in general as of the 2025 Montana Code Annotated. It is not legal advice about your specific case.