PFMA is short for partner or family member assault, the Montana offense defined in MCA § 45-5-206. A person commits it by purposely or knowingly causing bodily injury to a partner or family member, by negligently causing bodily injury to one with a weapon, or by purposely or knowingly causing a partner or family member reasonable apprehension of bodily injury. This page is the starting point for the PFMA section of our Montana Domestic Violence Guide.
The Three Ways PFMA Is Committed
The statute lists three alternatives. A charging document usually names one of them, and the State has to prove every part of the one it picked beyond a reasonable doubt.
| Form | What the statute says | MCA |
|---|---|---|
| Bodily injury | Purposely or knowingly causes bodily injury to a partner or family member | § 45-5-206(1)(a) |
| Injury with a weapon | Negligently causes bodily injury to a partner or family member with a weapon | § 45-5-206(1)(b) |
| Apprehension | Purposely or knowingly causes reasonable apprehension of bodily injury in a partner or family member | § 45-5-206(1)(c) |
Each form has pieces that are defined elsewhere in the code. We cover them one at a time: what bodily injury means, PFMA without touching, and the mental states of purposely, knowingly, and negligently.
Who Is a Partner or Family Member
The relationship is what separates PFMA from ordinary assault. Under MCA § 45-5-206(2):
- Partners are spouses, former spouses, persons who have a child in common, and persons who have been or are currently in a dating or ongoing intimate relationship.
- Family members are mothers, fathers, children, brothers, sisters, and other past or present family members of a household. The definition includes relationships created by adoption and remarriage, such as stepparents, stepchildren, and in-laws, and it applies regardless of the ages of the people or whether they live together.
See who counts as a partner or family member, PFMA in dating relationships, and PFMA against a parent, sibling, or child. If the relationship does not fit, the same conduct may be charged as assault instead. Our comparison of PFMA and misdemeanor assault explains why the label matters.
PFMA and the Phrase "Domestic Violence"
Police reports, news stories, and court staff often say "domestic violence" or "a domestic." That phrase describes a setting. It is not the name of a single Montana crime. An incident between partners or family members can be charged as PFMA, as strangulation of a partner or family member (MCA § 45-5-215), as aggravated assault or assault with a weapon, or as another offense.
PFMA itself is narrower than many people expect. It is an assault statute. It requires bodily injury or reasonable apprehension of bodily injury, and one of the listed mental states. Arguing, yelling, or ending a relationship badly is not PFMA unless the State can prove those elements.
Penalties in Brief
| Conviction | Fine | Jail or prison |
|---|---|---|
| First offense | $100 to $1,000 | 24 hours to 1 year in county jail |
| Second offense | $300 to $1,000 | 72 hours to 1 year in county jail |
| Third or subsequent | $500 to $50,000 | 30 days to 5 years (county jail if 1 year or less, state prison if more) |
These ranges come from MCA § 45-5-206(3)(a). A conviction also brings a counseling assessment and a minimum of 40 hours of counseling at the offender's expense (§ 45-5-206(4)), and an order to pay the other person's reasonable actual medical, housing, wage loss, and counseling costs (§ 45-5-206(5)). For the offense count, read when PFMA becomes a felony and how prior convictions count.
What Usually Comes With the Charge
A PFMA arrest rarely arrives alone. Montana law lets a court issue a standing no contact order that an officer serves at the time of arrest, effective for 72 hours or until the first court appearance (MCA § 45-5-209). The judge reviews it at that first appearance and can continue or change it. Follow any order exactly as written, even if the protected person reaches out to you, and let a lawyer handle any request to change it.
Two other situations come up often. When officers believe both people used force, they are told to work out who was the predominant aggressor: see when both people are arrested. And when a child saw or heard the incident, that fact matters at sentencing and can support a separate charge: see PFMA in front of children.
What the State Has to Prove
Whichever form is charged, the prosecution carries the burden on each element: the act, the mental state, the injury or the reasonable apprehension, and the relationship. A defense may go to any one of them, or to justification such as self-defense. Which issues matter in your case depends on the facts, the reports, and the recordings, and those are things a lawyer needs to review before anyone can give you a useful answer. Our PFMA defense pagedescribes how A&M Law approaches these cases.
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.