Partner or Family Member Assault
MCA 45-5-206 — 24 hours to 1 year and $100 to $1,000 the first time, and a felony on the third
Partner or family member assault is purposely or knowingly causing bodily injury to a partner or family member, negligently causing it with a weapon, or purposely or knowingly causing them reasonable apprehension of bodily injury.
Who handles this in Montana: State Bar of Montana, Licensed Lawyer Montana and State Law Library Self Help Law Center; and legal aid programs and the state offices, listed in the Montana directory.
- Partners are spouses and former spouses, people with a child in common, and people who are or were dating or in an intimate relationship.
- Family members include parents, children, siblings, step and in-law relatives, past or present, whether or not they live together.
| Conviction | Jail | Fine |
|---|---|---|
| ConvictionFirst | Jail24 hours to 1 year | Fine$100 to $1,000 |
| ConvictionSecond | Jail72 hours to 1 year | Fine$300 to $1,000 |
| ConvictionThird or later | Jail30 days to 5 years | Fine$500 to $50,000 |
Strangulation. Purposely or knowingly impeding a partner's or family member's breathing or blood flow by pressure on the throat or neck, or by blocking the nose and mouth, is a felony with up to 5 years and $50,000 the first time.
Arrest is the preferred response when there is injury, a weapon, a violated restraining order or other imminent danger. Where both sides fought, the officer arrests only the predominant aggressor.
Sources for this section (3)
- MCA 45-5-206 — Partner or family member assault -- penalty
- MCA 45-5-215 — Strangulation of partner or family member
- MCA 46-6-311 — Basis for arrest without warrant -- arrest of predominant aggressor -- no contact order
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Montana attorney.