Bring every document the police, the jail, and the court gave you, your phone exactly as it is, a written timeline, and the names of anyone who may have seen or heard what happened. Do not contact the protected person to get any of it. That is the short version. The rest of this page explains each item and why a lawyer needs it. It is part of our Montana Domestic Violence Guide.
Court and Police Paperwork
| Document | Why it helps |
|---|---|
| Citation, complaint, or other charging document | Shows the exact offense and subsection, the court, and the date of the alleged incident. |
| The no contact order | You were given a written copy when it was served (MCA § 45-5-209(2)). The lawyer needs its exact terms and the names listed. |
| Release conditions | Any order setting conditions such as where you may live, travel limits, alcohol or location monitoring, or a firearm restriction. |
| Bail or bond paperwork | Shows the amount, who posted it, and any conditions the bond company added. |
| Notice of your next court date | Deadlines run from court dates. Bring every notice you have received. |
| Any petition or temporary order of protection | This is a separate civil case, and its hearing must be held within 20 days of the temporary order (MCA § 40-15-202(1)). |
| Papers from a divorce or parenting case | A parenting plan or pending family case affects how the lawyer approaches both matters. |
If you are missing some of these, come anyway. A lawyer can get court filings from the clerk. What a lawyer cannot get back is time before a hearing that has already passed.
Information Only You Have
| Item | Why it helps |
|---|---|
| Your own written timeline | Write down what happened, in order, while you remember it. Address it to your lawyer and do not share it with anyone else. |
| Messages, call logs, photos, and video | Bring your phone as it is. Do not delete, edit, or selectively save anything. |
| Names of possible witnesses | Anyone who saw or heard the incident, or who saw you or the other person shortly before or after. Give the names to your lawyer and do not contact them about the case. |
| Records of any injury to you | Photographs with dates, and the name of any clinic or hospital you visited. |
| Your criminal history, in any state | Prior convictions can change the minimum penalty (MCA § 45-5-206(3)(b)). |
| Firearms you own or can reach | Release conditions and federal law may both be involved. The lawyer needs to know what is in the home. |
| Immigration status, licenses, military service | A conviction can have effects in each area, and you may need a second lawyer who handles that field. |
Communications between you and your attorney are privileged under MCA § 26-1-803, which is why the timeline should be written for your lawyer and kept between the two of you. Do not text it to a friend, post any part of it, or keep it in an account someone else can open.
Your Phone and Online Accounts
Messages can be central evidence in a domestic case, for either side. Leave them alone. Do not delete conversations, remove posts, or clear call history, including material you think hurts you. Destroying or concealing a record to keep it out of a pending proceeding is a crime under MCA § 45-7-207, punishable by up to 10 years in state prison. Our page on preserving evidence for your defense covers this in detail.
It is equally important not to create new evidence. Do not message the other person to explain, apologize, or ask what they told police. A message like that can be both a violation of the order and a statement used against you.
What Not to Do While Gathering Things
- Do not contact the protected person for paperwork, keys, passwords, or shared account access. A no contact order can cover phone, electronic, written, and in-person contact (MCA § 45-5-209(1)).
- Do not send someone else. Orders can prohibit contact through a third party, and each attempt is a separate offense (MCA § 45-5-209(8)(b)).
- Do not go to the home if your order or release conditions keep you away, even if you believe nobody is there.
- Do not ask witnesses what they will say or suggest what they should say. Trying to get a witness to withhold or change testimony is a separate crime (MCA § 45-7-206).
- Do not log in to the other person's accounts or devices to copy messages or photos.
If the other person contacts you first, do not reply. Save the message and tell your lawyer. See if the protected person contacts you.
What Happens at the Meeting
Expect the lawyer to read the charging document and the order first, then ask you what happened. You will likely be asked about your relationship with the other person, children, earlier incidents, alcohol, injuries on either side, and what you told police. Answer fully. A lawyer who is surprised later cannot help you as well as one who knew at the start.
You should leave knowing your next court date, what your order prohibits in plain words, and what the lawyer will do first. Bring your own questions as well. Our list of questions to ask a PFMA lawyer is a good start, and what a PFMA defense lawyer does explains the steps that follow.
If You Have Not Been Charged Yet
Sometimes police take a report and no arrest follows right away. You can still meet with a lawyer. Bring whatever you have: an officer's card, a case number, or a petition for an order of protection if you were served with one. The same rules apply. Keep everything, contact no one about the incident, and do not give a statement until you have had advice. See arrested hours or days later.
This page explains Montana law in general as of the 2025 Montana Code Annotated. It is not legal advice about your specific case.