After a partner or family member assault (PFMA) arrest in Montana, the most important things not to do are these: do not contact the protected person in any way, do not pass messages through other people, do not delete or alter anything, do not talk with witnesses about what they will say, and do not discuss the facts with anyone but your lawyer. Each of those can lead to a new charge, a return to jail, or new evidence in the original case. This page explains why. It is part of our Montana Domestic Violence Guide.
What Each Mistake Can Cost
| Action | What it can become | Maximum penalty or result | MCA |
|---|---|---|---|
| Contacting the protected person | Violation of a no contact order. Each contact or attempt is a separate offense. | Up to $500, up to 6 months in county jail, or both | § 45-5-209(8) |
| Trying to get a witness to change, withhold, or skip testimony | Tampering with witnesses and informants | Up to 10 years in state prison, up to $50,000, or both | § 45-7-206 |
| Deleting, altering, or hiding records to keep them out of the case | Tampering with or fabricating physical evidence | Up to 10 years in state prison, up to $50,000, or both | § 45-7-207 |
| Breaking any release condition | Motion to revoke release and an arrest warrant | Return to custody and a new bail decision | §§ 46-9-503, 46-9-505 |
Do Not Contact the Protected Person
A no contact order can prohibit contact in person, by a third party, by telephone, by electronic communication, and in writing, and can impose up to a 1,500-foot distance restriction (MCA § 45-5-209(1)). A person who knows of the order and purposely or knowingly violates any provision commits a new offense. "Each contact or attempt to make contact with each protected person, directly or indirectly, is a separate offense" (MCA § 45-5-209(8)(b)).
That means ten texts can be ten charges. It also means calls from jail count. An order served at arrest is in effect before you have had a chance to speak with a lawyer. Our pages on what counts as contact and violating a no contact order cover the details.
Do Not Use Friends or Family as Messengers
Asking a sibling to "just let her know I'm sorry" or a friend to "see if he'll talk to the prosecutor" is indirect contact. It exposes you to a charge, and it puts the person carrying the message in a difficult position.
If the goal of the message is to change what the other person tells the police or the court, the stakes are higher. A person who, believing a proceeding or investigation is pending, purposely or knowingly attempts to induce a witness to testify falsely, withhold testimony or information, avoid a subpoena, or not appear commits tampering with witnesses (MCA § 45-7-206(1)). That offense carries up to 10 years in state prison. See witness tampering and contacting the accuser.
The same goes for the home. If your order keeps you away from the protected person's location, going back for clothing, tools, a pet, or a vehicle is a violation even if no one is there. Collecting property is handled through the court or a supervised pickup. See where you can live for how to manage housing without contact.
Do Not Delete, Edit, or Hide Anything
People delete message threads because they are embarrassed, angry, or afraid of how something looks. After an arrest that is a mistake for two reasons. First, altering, destroying, concealing, or removing a record with the purpose of impairing its availability in the case is tampering with physical evidence (MCA § 45-7-207(1)(a)). Second, the same thread may contain material that helps you, and once it is gone it may be gone for good.
The same rule applies to photos, call logs, social media posts, and video from your own cameras. Keep everything exactly as it is and give it to your lawyer. Our page on preserving evidence for your defense explains how.
Do Not Talk About the Case
At the initial appearance the judge must tell you that you have the right to refuse to make a statement and that any statement you make may be offered in evidence at trial (MCA § 46-7-102(1)(e)). That warning is not limited to the courtroom. Treat the following as public:
- conversations with police or detectives after the arrest;
- phone calls and video visits from jail, which you should assume are recorded;
- social media posts, comments, and direct messages; and
- conversations with friends, coworkers, and relatives, any of whom can be called as a witness.
Communications between you and your attorney are different. An attorney cannot be examined about them without your consent (MCA § 26-1-803(1)).
Do Not Ignore Release Conditions or Court Dates
Release conditions such as no alcohol, no firearms, a curfew, or monitoring are court orders. If you violate one, including by failing to appear, the prosecutor may move to revoke your release and a judge may issue a warrant (MCA § 46-9-503(1)). If bail was posted, a missed court date can also lead to forfeiture (MCA § 46-9-503(2)).
If a condition is unworkable, the answer is a motion to change it, not a decision to stop following it.
What to Do Instead
Read every order you were given. Write down your court date. Find a place to stay that complies with the order. Save your records. Then talk with a lawyer before you talk with anyone else. Our page on whether you need a lawyer for PFMA explains the options, including a public defender.
If you are in danger yourself, 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.