If you have been arrested for partner or family member assault (PFMA), do not ask the other person, or anyone else who saw or heard what happened, to change a statement, to say less, or to stay away from court. In Montana that can be charged as tampering with witnesses and informants under MCA § 45-7-206, which carries up to 10 years in the state prison. This page explains that statute and the related offenses so that you understand where the line is. It is part of our Montana Domestic Violence Guide.
What the Tampering Statute Says
A person commits tampering with witnesses and informants if, "believing that an official proceeding or investigation is pending or about to be instituted, the person purposely or knowingly attempts to induce or otherwise cause a witness or informant to" do any of four things (MCA § 45-7-206(1)):
- testify or inform falsely;
- withhold any testimony, information, document, or thing;
- elude legal process summoning the witness to testify or supply evidence; or
- not appear at any proceeding or investigation to which the witness has been summoned.
A "witness" is a person whose testimony is desired in an official proceeding, in any investigation by a grand jury, or in a criminal action, prosecution, or proceeding (MCA § 45-2-101). In a PFMA case that plainly includes the alleged victim. It also includes children, neighbors, relatives, and anyone else with information.
Why Ordinary-Sounding Requests Are a Risk
Three features of the wording explain why this charge reaches conduct people do not think of as criminal.
- An attempt is enough. The offense is to "attempt to induce or otherwise cause." Nothing in the text requires that the witness actually change anything.
- No threat is required. The statute does not mention force, threats, or bribery. A plea, an apology paired with a request, or a reminder about rent and children can each be presented as an attempt to induce.
- Timing is broad. It is enough that the person believes an investigation or proceeding is pending "or about to be instituted." A conversation before charges are filed, or while police are on the way, can be covered.
Consider what this means in practice. "Tell them you do not remember." "Just do not come to court." "Do not answer the door if they bring a subpoena." Each lines up with one of the four listed items. We set these out so you can recognize them and stay well clear, not as a guide to what might be phrased differently. There is no safe wording. The only safe course is not to have the conversation.
Related Offenses From the Same Conduct
| Offense | MCA | Conduct covered | Penalty |
|---|---|---|---|
| Tampering with witnesses and informants | § 45-7-206 | Attempting to induce or otherwise cause a witness to testify falsely, withhold testimony or information, elude legal process, or not appear when summoned | State prison up to 10 years, a fine up to $50,000, or both |
| Intimidation | § 45-5-203 | Communicating a threat of physical harm, confinement, or any felony, with the purpose to cause another to do or not do any act | State prison up to 10 years, a fine up to $50,000, or both |
| Tampering with or fabricating physical evidence | § 45-7-207 | Altering, destroying, concealing, or removing any record, document, or thing with purpose to impair its verity or availability | State prison up to 10 years, a fine up to $50,000, or both |
| Violation of a no contact order | § 45-5-209(8) | Any contact or attempted contact the order prohibits, whatever is said | County jail up to 6 months, a fine up to $500, or both, for each contact |
Intimidation requires that the threat be communicated "under circumstances that reasonably tend to produce a fear that it will be carried out" (MCA § 45-5-203(1)). The evidence statute applies, like the witness statute, when a person believes an official proceeding or investigation is pending or about to be instituted (MCA § 45-7-207(1)). Deleting messages, photos, or call logs because of a case is the kind of act it describes.
How It Interacts With a No Contact Order
After a PFMA arrest there may be an order prohibiting contact with the alleged victim. Under MCA § 45-5-209(8), every contact or attempted contact, direct or indirect, is a separate offense, and the protected person's consent is not a defense. So a single call asking someone not to testify can be charged twice: once as a no contact order violation and once as tampering.
It also damages the original case. Contact that looks like pressure can be offered by the State as evidence, and it gives a judge reason to tighten release conditions. See what not to do after an arrest.
If the Other Person Reaches Out to You
The protected person cannot be charged with violating a no contact order, but you can, even for answering. Do not reply. Save the message without responding, and tell your lawyer. Our page on what to do if the protected person contacts you covers this.
If that person has decided they want to say something different to the authorities, that is their decision to make freely, without input from you or your family. They can contact the prosecutor's office or seek their own advice.
What a Lawyer Can Do That You Cannot
A defense lawyer investigates a case through lawful channels: reviewing the State's evidence in discovery, interviewing witnesses in a proper way, and raising issues with the prosecutor or the court. If a no contact order is unworkable, a lawyer can ask the judge to change it. None of this requires you to speak to a witness, and contact by you can undo it.
A&M Law is a Missoula firm that defends PFMA and other domestic violence charges in Western Montana. 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.