Montana Domestic Violence Penalties (2026)

Domestic violence, domestic battery, and related charges charges in Montana: penalties, sentencing ranges, felony thresholds, and what to expect if charged.

Educational purposes only. Not legal advice. If you are facing domestic violence charges in Montana, consult a licensed Montana criminal defense attorney.

Montana Domestic Violence Penalties

OffensePenalty
First OffenseMisdemeanor: up to 6 months jail, $500 fine
Second OffenseFelony: up to 5 years prison

MCA §45-5-206; partner family member assault; repeat or strangulation is felony

Domestic Violence Statute of Limitations in Montana

In Montana, the statute of limitations for domestic violence is generally 5 years for assault-type offenses. Murder and certain violent crimes have no statute of limitations in Montana.

See all Montana statutes of limitations →

Defending Against Domestic Violence Charges in Montana

Common defenses in Montana domestic violence cases include:

  • Lack of intent — many charges require proving criminal intent
  • Insufficient evidence — the prosecution must prove guilt beyond a reasonable doubt
  • Procedural violations — improper arrest, unlawful search and seizure
  • Mistaken identity
  • Constitutional violations — Fourth and Fifth Amendment protections

The specific defenses available depend on the facts of the case. Consult a Montana criminal defense attorney for advice.

Related Montana Laws

DUI / DWI Marijuana Possession Theft / Larceny Assault Drug Possession Burglary Robbery Fraud Trespassing Disorderly Conduct Vandalism Hit and Run Illegal Weapons Possession Drug Trafficking Prostitution Shoplifting Reckless Driving Forgery Kidnapping Arson Stalking Embezzlement Money Laundering Public Intoxication