After a partner or family member assault (PFMA) arrest in Montana, you can live anywhere your court orders allow, and for many people that does not include their own home. If the protected person lives there, a no contact order or a release condition can keep you away until a judge says otherwise. This page explains what those orders control, what they leave untouched, and how to handle housing without contacting anyone you are barred from contacting. It is part of our Montana Domestic Violence Guide.
Which Order Controls Where You Can Be
Up to three different orders can affect housing. Read each one you have been given.
| Order | What it can do | MCA |
|---|---|---|
| No contact order served at arrest | Can prohibit contact and require you to stay up to 1,500 feet from the protected person's location. | § 45-5-209(1) |
| Release conditions | Can restrict your place of abode, travel, and personal associations, and require no contact with the alleged victim. | § 46-9-108(1)(d), (e) |
| Civil order of protection | Can remove and exclude you from the petitioner's residence, regardless of ownership of the residence. | § 40-15-201(2)(e) |
The first two come from the criminal case. The third is a separate civil case that the other person may file. Our comparison of a no contact order and an order of protection explains the difference. When more than one order applies, you have to comply with all of them, which in practice means following the strictest term.
The Order Is Not a Ruling on Ownership
A criminal no contact order restricts contact and distance. It does not transfer title, end a lease, or decide who keeps the house. The civil order of protection statute makes the same point from the other direction: a court may exclude a person from a residence, or transfer possession and use of it, "regardless of ownership" (MCA § 40-15-201(2)(e), (h)). Possession for now and ownership in the end are separate questions.
That cuts both ways. You do not lose your interest in the property because you were arrested, and you do not gain a right to be there because you pay for it.
Leases, Mortgages, and Bills Keep Running
Nothing in MCA § 45-5-209 or the release statute pauses a rent or loan obligation. If you signed the lease or the note, the landlord or lender can still expect payment while you are living somewhere else.
Paying a landlord, lender, or utility directly is not communication with the protected person. Be careful with anything that carries a message. A payment-app note, a text about the electric bill, or a request passed through a relative can all be contact, because an order can prohibit contact by electronic communication and through a third party (MCA § 45-5-209(1)). Our page on the family home and bills during the case covers the financial side.
Practical Steps That Involve No Contact
- Arrange a place to stay that is clearly outside the restricted distance. A relative, a friend, or a short-term rental all work. Avoid any home the protected person visits regularly.
- Give the court and your lawyer your current address. Release conditions can restrict your place of abode, and the court needs to be able to reach you (MCA § 46-9-108(1)(d)).
- Forward your mail through the Postal Service. That can be done without going to the house or asking anyone there.
- Keep required payments current where you can, paying the company directly.
- Make a written list of essential items you need (medication, work equipment, identification) and give it to your lawyer.
- Do not drive past, park near, or wait outside the home. A distance restriction applies whether or not anyone sees you.
Getting Your Belongings
The no contact order statute does not set out a procedure for the defendant to collect property. The order of protection statute does allow a court to direct a law enforcement officer to supervise a petitioner's or respondent's removal of essential personal property (MCA § 40-15-201(2)(h)). In a criminal case the path is a request to the court, or a supervised pickup arranged through your lawyer and the local agency. Practice varies by court and by agency.
What does not vary is that you should not go on your own, even for a few minutes, and even if you believe no one is home.
Asking the Court to Change the Terms
The court reviews the no contact order at your first appearance and can amend it (MCA § 45-5-209(6)). After that, release conditions can be amended at any time on a reasonable basis, on the court's own motion or on a motion from either side (MCA § 46-9-108(3)), and either party may apply to alter the conditions of bail (MCA § 46-9-311).
A request can be narrow, such as permission for one supervised visit to collect property. The judge will consider the safety of the protected person in deciding it. See changing or lifting a no contact order and no contact as a release condition.
If you and the other person are married or share children, the longer-term questions about the home belong in family court. Ashley Hurlbert handles both criminal defense and family law matters, which helps when the two cases overlap.
This page explains Montana law in general as of the 2025 Montana Code Annotated. It is not legal advice about your specific case.