PPO vs. Criminal No-Contact Order in Michigan: The Differences

Two orders that sound alike and work differently

Picture two papers. One came from the criminal judge at arraignment: a bond condition that you have no contact with the person named in the complaint. The other was handed to you a week later: a personal protection order, signed by a circuit judge after that same person filed a petition. Both say stay away. They come from different courts, under different laws, and they do not rise or fall together.

This page is general information about Michigan law. It sets the two orders side by side and explains the practical consequences. It does not say what will happen in your case, so talk to a lawyer about your own situation. Each order has its own explainer: what a PPO is and what a no-contact order means. The site also has a page on the personal protection order and one on the no-contact order.

Where each order comes from

A PPO is its own civil case. The person seeking protection, the petitioner, starts it by filing a petition. Under MCR 3.703(A) it is an independent action and may not be started by a motion in an existing case. The family division of circuit court issues it (MCL 600.2950(30)(d)). For a domestic relationship PPO, MCL 600.2950(4) says the court must issue the order if it finds reasonable cause to believe the respondent may commit one of the acts listed in subsection (1). No criminal charge is needed.

A criminal no-contact order is part of a criminal case that already exists, and the protected person files nothing. Under MCL 765.6b(1), the judge or district court magistrate who releases you may impose conditions reasonably necessary to protect one or more named persons, after making a finding that protective conditions are needed. MCR 6.106(D)(2)(m) names the condition itself: limiting or prohibiting contact with a named person. After a conviction, the sentencing judge can attach the same kind of condition to probation under MCL 771.3(2)(o).

The start dates differ too. A PPO is effective and enforceable anywhere in Michigan once a judge signs it (MCL 600.2950(9)). A bond order must state the date its conditions take effect and the date it expires (MCL 765.6b(2)), and MCR 6.106(D)(2)(m) lets the court make a no-contact condition effective immediately, even while you are still in custody.

How long each lasts, and who can end it

The two clocks run separately. A PPO lasts until the expiration date stated on its face (MCR 3.706(A)(4)), and an ex parte PPO must be valid for not less than 182 days (MCL 600.2950(13); MCR 3.705(A)(3)). The petitioner can ask to extend it by a motion filed no later than 3 days before it expires (MCR 3.707(B)(1)).

A bond no-contact condition lasts until the expiration date in the release order unless the court amends or rescinds it sooner (MCL 765.6b(2), (4)). When you are discharged from all obligations in the case, MCR 6.106(I)(1) requires the court to vacate the release order. If the case ends in probation, a new protective condition can be written into the probation order under MCL 771.3(2)(o).

Who can ask for a change is different as well. The PPO petitioner may file a motion to modify or terminate the PPO at any time (MCR 3.707(A)(1)(a)). The respondent has 14 days after service or actual notice to move against an ex parte PPO, and a later motion needs good cause (MCR 3.707(A)(1)(b)). In the criminal case, the protected person is not a party. A release decision is modified on the motion of a party, meaning the prosecutor or the defendant, or on the court's own initiative (MCR 6.106(H)(2)).

That is why the orders do not end together. A PPO can be terminated in family court while the bond condition stays in place, and a criminal charge can be dismissed while the PPO keeps running to its expiration date.

What a violation brings under each

A PPO violation is handled as criminal contempt. An officer may arrest without a warrant on reasonable cause (MCL 764.15b(1)). You must be brought before the family division of circuit court within 24 hours, and the hearing must be held within 72 hours after arrest unless the court extends it (MCL 764.15b(2)). An adult found guilty must be jailed for not more than 93 days and may be fined (MCL 600.2950(23)).

A bond violation goes back to the criminal judge. An officer may arrest without a warrant on reasonable cause and must bring you before the court within one business day (MCL 764.15e(1), (2)). The court may revoke the release order and declare the bail forfeited (MCR 6.106(I)(2)), and MCL 765.6b(1) adds new release conditions and contempt to the list. A revoked bond can mean waiting in jail until the case ends. On probation, breaking a no-contact condition is not a "technical violation" under MCL 771.4b(9)(b)(i), so the short jail caps for technical violations do not apply.

One act can start both processes, plus a new criminal charge if the conduct was itself a crime. MCL 600.2950(23) says the PPO contempt penalty may be imposed in addition to a penalty for another offense arising from the same conduct. The articles on PPO violation penalties and violating a no-contact order follow each process from arrest to hearing.

When both orders are in force at the same time

Nothing stops the two from overlapping, and the court rule expects it. Under MCR 6.106(D)(2)(m), if a no-contact condition conflicts with another court order, the most restrictive provision takes precedence until the conflict is resolved. The domestic violence guide's comparison of PPOs, no-contact orders and restraining orders adds the other orders people confuse with these two. When you have both, these points apply:

• Follow the stricter term. If one order allows exchanges of the children through a third person and the other bars all contact, the stricter one controls until a judge resolves the conflict.
• A change takes two motions in two courtrooms. Terminating the PPO does not lift the bond condition, and lifting the bond condition does not end the PPO.
• The other person cannot waive either order. Each one restrains only you, and a message or invitation from the protected person does not change what you were ordered to do.
• Both orders are entered into LEIN, the statewide police database (MCL 600.2950(17); MCL 765.6b(4)), so an officer who runs your name can see each one.
• Keep a copy of each order and write down which court issued it and the date each one expires.

What to do next

Read every line of both orders and change nothing on your own. If either order makes your housing, your job or time with your children unworkable, the remedy is a motion to the judge who issued that order. With an ex parte PPO, the respondent's 14-day window after service is short, so do not wait for the criminal case to sort it out.

A lawyer matters most when both cases are running, because the cases move on separate schedules in separate courts and a violation in one can bring consequences in the other. If you were also arrested, the first 48 hours after an arrest is the companion guide. The office of Attorney Shawn Haff, with offices in Wyoming and Grand Rapids, offers a free consultation at 616-438-6719, answered 24/7.