Helena Domestic Violence Lawyer

Domestic Violence Attorney in Helena, MT

Domestic violence charges are taken very seriously in Montana. The fines can be expensive, and the jail time can be long. Having a conviction on your record can impact your employment, housing, and access to public benefits for years to come. If someone has made a domestic violence claim against you, you need a Helena domestic violence lawyer on your side to advocate for you.

Delli Bovi, Martin, & Reed, LLC, is a local team of Helena family law attorneys handling both civil family law matters and domestic violence cases. Our team approaches every case differently, allowing us to personalize your defense based on your circumstances. With over 40 years of combined legal experience, we’re confident we have the know-how to take on your case. Don’t face the Helena Police Department or your accuser alone; let us show you how we can help.

What Is Domestic Violence?

Domestic violence encompasses various behaviors that cause serious emotional or physical harm to a family member or current or former intimate partner. Some acts that are considered domestic violence in Montana include:

• Threats and intimidation (i.e., words or actions that cause the victim to reasonably fear that harm will come to them)
• Physical assault, including misdemeanor simple assault and felony aggravated assault
• Strangulation
• Kidnapping
• Stalking
• Sexual assault

You should hire a domestic violence lawyer if you face any of these charges. A capable criminal defense attorney can develop an appropriate approach on your behalf.

Domestic Violence in Montana and Lewis and Clark County

According to the Montana Board of Crime Control, in 2024, there were 4,300 crimes against intimate partners in the state. This was 149 fewer than the previous year. In Lewis and Clark County, there were a total of 276 offenses in 2024. At both the state and county levels, most of these crimes were assault law offenses, with sexual offenses as the second most common offense.

What Should I Do if I’m Arrested for Domestic Violence by the Helena Police?

Being arrested can be very overwhelming, but there are a few things you can do to improve the potential outcome of your case, including these actions:

• Don’t make any statements to the police or apologize. Anything you say in the heat of the moment can be brought up in court later.
• Stay calm and cooperate with the Helena Police. They may suspect you of violence against someone close to you. If you lash out at them, it can be used as evidence against you.
• Call an experienced Helena domestic violence attorney to guide you through the process.
• Work with your attorney to build a defense so you can move on with your life.

Domestic Violence Laws and Penalties in Montana

There are many distinct offenses that fall under the umbrella of domestic violence. However, when people refer to “domestic violence,” they’re often talking about partner or family member assault. Montana Code 45-5-206 defines the penalties for partner or family member assault offenses. Penalties include the following:

• A first offense is punishable by $100 to $1,000 in fines and up to 1 year in the county jail.
• A second offense is punishable by $300 to $1,000 in fines and 72 hours to 1 year in jail.
• A third or subsequent offense is punishable by $500 to $50,000 in fines and 30 days to 5 years of imprisonment. Sentences under a year are served in jail, while longer sentences are served in state prison.

Regardless of the number of offenses, an offender is also typically required to pay for a counseling assessment and go through a minimum of 40 hours of counseling. They may also have to complete further behavioral and psychoeducational interventions like substance abuse treatment.

Further penalties often include having to pay for the victim’s counseling and other reasonable costs of living incurred because of the offender’s behavior.

Victims can file for an order of protection or a no-contact order. These court orders restrict interactions between victims and their abusers. Domestic violence offenders can face additional penalties if they violate these orders. If you’re named as a respondent in an order of protection, seeking legal counsel is crucial to help you mitigate further negative consequences.

FAQs

Who Counts as a Family Member or Partner in Domestic Violence Cases in Montana?

Under Montana Code 45-5-206(2), “partner” refers to a current or former spouse or boyfriend/girlfriend/other intimate partner; it also includes people who have a child together who might not fall into these other categories. “Family members” include parents and stepparents, siblings and stepsiblings, children and stepchildren, and other familial relations by blood, adoption, or marriage.

Can My Domestic Violence Case Get Dismissed?

Yes, your domestic violence case can get dismissed for a number of reasons. For example, the prosecution could have insufficient evidence. An accuser may change their story or decide not to pursue the case, or your defense may be compelling enough; for example, you may have been defending yourself. In these and other scenarios, the Lewis and Clark County prosecutor’s office may not have enough to charge you and dismiss the case before going before a judge.

Can I Lose Access to My Firearms if I’m Charged With Domestic Violence in Montana?

Yes, you can temporarily or permanently lose your right to bear arms if convicted of domestic violence, especially if you’ve been charged with a felony offense. Federal law and Montana law differ in some ways on the subject; you may not know which laws apply in your situation. If you’re not sure how a domestic violence charge may affect your gun rights, consult an attorney for more information.

What Happens if I Violate an Order of Protection in Montana?

Violating a protection order is a criminal offense that may carry fines and jail time, depending on how many violations the offender has committed previously. The penalties for a violation are listed in Montana Code 45-5-626. If violence was involved in the violation, the penalty can increase; additional charges may also be filed.

Hire a Domestic Violence Lawyer in Helena

At Delli Bovi, Martin, & Reed, LLC, we take pride in helping our clients with effective problem-solving. We are local to the Helena community, but we’re proud to serve many areas of Montana. We offer reliable and honest representation. Don’t try to tackle your domestic violence case alone. Contact us today to schedule a consultation and discuss how we can assist you in your time of need.