IN THE ______________________
(Justice Court, Justice Court of Record, Municipal Court, City Court, City Court of Record)
 COUNTY OF _____________________, STATE OF MONTANA
                  (County)   

State of Montana

vs. 

___________________________________
		Defendant.	
Case No:   	_____________________

Sentence 
Partner and Family Member Assault

1.	 Prosecutor ________________________ appeared.
2.	Defendant	 appeared in person	 appeared by video	 failed to appear
				 in custody	 represented self
	 Defendant’s lawyer _________________________ appeared.
3.	Defendant pleaded guilty and was found guilty of:
Charge	MCA/ORD	Description	
1			
2			
3			

4.	 The court finds Defendant voluntarily, intelligently, and unequivocally waived his/her rights. The court finds the offense happened in this court’s jurisdictional limits, and there is a sufficient factual basis for the guilty plea. 
Factual Basis:  ______________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
IT IS ORDERED: 
1.	 The court   suspends on conditions   defers on conditions
2.	The charges are to run  concurrent   consecutive   N/A
3.	This case is to run:         concurrent    consecutive to  _____-_____-_____          N/A
4.	The court retains jurisdiction for a period of _____________________________________.
5.	Each sentence requirement is a separate mandate and is also a condition of a suspended or deferred sentence.
6.	Jail/Work Program/House Arrest.   
	Charge 1:  ___________________________________	
	The Defendant must serve: 
			Sentenced to	_________________ detention center
					_________________ house arrest
			Suspended	_________________
			Must Serve	_________________
	Charge 2:  ___________________________________	
	The Defendant must serve: 
			Sentenced to	_________________ detention center
					_________________ house arrest
			Suspended	_________________
			Must Serve	_________________
	Charge 3:  ___________________________________	
	The Defendant must serve: 
			Sentenced to	_________________ detention center
					_________________ house arrest
			Suspended	_________________
			Must Serve	_________________

7.	Fines / Restitution/ Costs.  The Defendant must pay
Charge 1:  ___________________________________		
Fine	$		
Restitution	$		
Jail  Fees	$		
Public Defender Fees 	$		
Prosecution Fees	$		
Court Costs 	$		
Suspended	$		
Credit Time Served	$		
Charge 1 SUB-TOTAL	$		

Charge 2:  ___________________________________		
Fine	$		
Restitution	$		
Suspended	$		
Credit Time Served	$		
Charge 2 SUB-TOTAL	$		

Charge 3:  ___________________________________		
Fine	$		
Restitution	$		
Suspended	$		
Credit Time Served	$		
Charge 3 SUB-TOTAL	$		
	
Charge 1 Sub-Total	$		
Charge 2 Sub-Total	$		
Charge 3 Sub-Total	$		
TOTAL	$		
	To pay in full by 5:00 pm
	Signed agreement to pay or appear	

8.	Domestic Violence Counseling.  (See separate referral).
  Defendant must pay for and complete an assessment with a focus on violence, controlling behavior, dangerousness, and chemical dependency.
  The Defendant must pay for and complete a minimum of 40 hours of counseling directed to Defendant’s violent or controlling conduct.  Other issues indicated by the assessment or during the counseling session may be addressed in additional counseling beyond the minimum 40 hours.
  Defendant must pay for and complete all treatment recommendations, including chemical dependency treatment, batterers as parents, or other counseling sessions.
  Defendant must abide by all program requirements and successfully complete the program.
  The Prosecutor is to give a copy of the investigative criminal justice report related to the offense charge to the domestic violence counseling provider.  Before the report is sent, information in the report that relates to the victim’s location or does not relate to the charged offense must be deleted.  The domestic violence counseling provider must institute confidentiality procedures to protect the confidentiality rights of the victim and offender.

9.	Defendant must:
  Obey all laws:  local, state and federal.
  Notify the Court of any address or phone changes.
  Pay all financial obligations as required by this sentence.
  Complete domestic violence classes and treatment
 Maintain full time employment.  
  Complete traffic school.
  NOT drive until legally licensed to do so.
  NOT drive without liability insurance

10.	Protected Persons.
The following are protected persons:  ___________________________________________________
 _________________________________________________________________________________.

11.	Personal Contact.
Defendant must not do the following things to the protected persons.
 	Threaten, abuse, hit, assault, molest, harass, follow, destroy personal property, disturb the peace, stalk, keep under surveillance, or block movement.
 	Contact either directly or through a third person; telephone, or send messages, mail or e-mail.
	Except for brief and peaceful contact as required for visitation of children, unless a court order prohibits such contact.
	______________________________________________________________________________
	______________________________________________________________________________
	______________________________________________________________________________

	
12.	Stay-Away.
Defendant must stay at least ___________ feet from:
  protected persons.
  Any house that a protected person lives in, including the current home at ______________________________________________________________________________.
  Any workplace of a protected person, including the current workplace located at:  ______________________________________________________________________________.
  Vehicle of a protected person
  Other: ________________________________________________________________________.
  The children’s school or child care.
	
13.	Move-Out.
  Defendant must move out and not return to (address):  ______________________________________________________________________________.
  Defendant must contact local law enforcement to arrange a one-time visit to pick up personal clothing and belongings.  
  Defendant must make initial contact with local law enforcement by _____________________________________________________________________________. 
  Defendant must complete pick up of personal belongings by ____________________________________________________________________________.  
  Other law enforcement agency contact information:  ____________________________________________________________________________.

14.	Firearms or Other Weapons.
  Defendant must not possess a firearm or other weapon (describe) ____________________________________________________________________
  Defendant
•	Must turn into police or a third party any guns or firearms that he/she has or controls. This must be done within 24 hours of receiving this order.  Defendant must not have access to these guns until further order of this court.
•	Must bring a receipt to the court within 72 hours of receiving this order, to prove that guns and firearms have been turned over.
  Defendant states under penalties of perjury that Defendant does not possess any firearm or listed weapon.

15.	Property Restraint.
 The Defendant cannot take, hide, sell, damage or dispose of the personal property of the protected people or the joint property of the Defendant and the protected people.

16.	Alcohol / Drug Assessment and Treatment.  (See separate referral).	
  Defendant must enroll, attend, and complete ACT (assessment, course, and treatment).  
  A certified chemical dependency counselor must evaluate defendant.  
  Defendant must complete all recommended treatment. 

17.	No Alcohol Possession or Consumption.	
  	Defendant must not possess or consume alcohol or drugs (unless by prescription).
  	Defendant must not be in any bar or casino. 

18.	No Gambling.	
  Defendant must not gamble.  For example, Defendant must not play the lottery, play any casino games, participate in office sport pools, or bet on horseracing.
  Defendant must not be at any casino or area in any existing business whose primary purpose is to provide gambling.
	  Exception:  Defendant may be at a casino or other gambling business when working.  Defendant must not be at the location when off shift.  

19.	Alcohol and Drug Testing. (See Separate Referral)
	 Alcohol testing  (Random   EtG      24/7   or  _________________________________)	
	 Drug testing	
Defendant is eligible for early release on _____________________________.  Defendant must file a compliance report from the organization giving the testing and a written motion asking to be released.  Defendant will remain on testing until the court approves Defendant’s written request.

20.	Community Service.
  Defendant must perform ____________ hours of community service.  
  Defendant must complete a minimum of __________ hours per month.  
  Community Service must be completed by _____________________.
  Community Service Work Log must be filed by the ________ of each month or defendant must appear in court _______________________________________________________________.
  Community Service Work Log must be filed on or before completion date.
	
21.	Bond.
 Defendant’s bond is exonerated.

22.	Bond Conditions.
 All bond conditions are no longer in effect. 
23.		_________________________________________________________________________
	___________________________________________________________________________
	___________________________________________________________________________

NOTICE AND WARNINGS TO THE DEFENDANT:
1.	If this written judgment differs from the sentence the judge said orally, you must file a Motion to Change the Sentence with the Court within 120 days.  After 120 days, the sentence is presumed correct.
2.	If you fail to comply with this sentence, the court may suspend your driver’s license, may revoke your suspended or deferred sentence, and may issue an arrest warrant.
DATED:				
			(City Court Judge/ Municipal Court Judge / Justice of the Peace)	
cc:	____________	 City Prosecutor 		 Defendant’s lawyer __________________________
 			 Defendant 		 __________________________________________