Short answer
In a Michigan criminal case, a no-contact order is a condition the judge attaches to your bond under MCL 765.6b and MCR 6.106(D), or later to probation under MCL 771.3(2)(o). It bars you from contacting a named person, usually the complaining witness. It is the court's order, not the other person's, so only the judge can change it. Violating it can mean arrest, a revoked bond and, in some cases, a new charge.
The judge said "no contact," and you went home to a different life
At arraignment the judge read a list of conditions and one of them was that you have no contact with the person named in the complaint. Often that person is your spouse, your partner or the other parent of your children, and the home you shared is now a place you cannot go. The paperwork you signed says the order is in effect, and nobody explained what "contact" includes or how long this lasts.
This page is general information about Michigan law. It explains where a no-contact order comes from, what it usually covers, who can change it and what a violation brings. It is not advice about your case, so talk to a lawyer about your own situation. The site's no-contact order page and the longer article on no-contact orders explained in the domestic violence guide go deeper.
Where the order comes from
There is no single "no-contact order" statute. The phrase describes a protective condition that can be attached at three points in a criminal case, and in each one it is the court's order, directed at the defendant.
- Interim bond after a domestic assault arrest. If a judge or magistrate sets interim bond under MCL 780.582a, the court must consider, and may impose, a condition that you not have or attempt to have contact of any kind with the victim (MCL 780.582a(2)).
- Pretrial release from arraignment on. MCL 765.6b(1) lets a judge or district court magistrate release a defendant subject to conditions reasonably necessary for the protection of one or more named persons. MCR 6.106(D)(2)(m) lists the condition directly: comply with any condition limiting or prohibiting contact with any other named person or persons.
- Probation after a conviction. MCL 771.3(2)(o) lets the sentencing court make probation subject to conditions reasonably necessary for the protection of one or more named persons, and under MCL 771.3(4) a probation order with that condition is entered into LEIN, the statewide police database.
What "contact" usually covers
The answer is in the written order. MCL 765.6b(2) requires the release order to state the conditions imposed, its effective date and its expiration date, and MCL 765.6b(1) requires the judge to tell you the specific conditions and what happens if you violate them. Read that paper before you do anything else.
The statutes do not list phone calls, texts, social media or messages carried by friends one by one. The interim-bond statute speaks of contact "of any kind," and a condition written that broadly leaves no safe category of indirect contact: a text, a comment on a post, a gift dropped at the door or a message passed through a relative can all be treated as contact. If something must be communicated about children, bills or property, the safe route is a request to the court through a lawyer, not a workaround.
A no-contact condition is often paired with conditions about place. MCR 6.106(D)(2)(e) allows restrictions on place of residence, and (D)(2)(l) allows an order not to enter specified premises. Together those can keep you out of a home you own or rent for as long as the order lasts.
| You want to | What a typical no-contact order means | Who can change that |
|---|---|---|
| Text, call or message them | Barred, directly or through anyone else, until the order says otherwise (MCL 765.6b(2)) | Only the judge, by motion under MCR 6.106(H)(2) |
| Go home or pick up belongings | Barred if the order restricts your residence or the premises (MCR 6.106(D)(2)(e), (l)) | The judge; ask by motion how belongings can be collected |
| See your children | Depends on whether the order names them; a parenting time order does not override it (MCR 6.106(D)(2)(m)) | The criminal judge, and sometimes the family court as well |
| Have the order lifted because the other person wants it lifted | The order stays until a judge changes it; the protected person is not a party | The judge, on a motion by the prosecutor or the defendant (MCR 6.106(H)(2)) |
| Reply when they contact you first | Still contact by you; their message is not a defense | Nobody but the judge; save the message for your lawyer |
Who can change it
Only the judge. Under MCR 6.106(H)(2), a court may modify a prior release decision on the motion of a party or on its own initiative; before a felony arraignment on the information, it must find a substantial reason. The parties to a criminal case are the prosecutor and the defendant. The protected person did not ask for the order and cannot lift it, although what that person tells the court is something the judge can weigh.
A request to change the order is made by motion in the criminal case, in writing or sometimes orally at a hearing. Practice varies by court and judge, including whether the court wants to hear from the prosecutor or the protected person first, and whether it narrows the condition rather than lifting it. Never arrange a change informally with the other person. The guide article on how to modify or lift a no-contact order covers the motion.
The order ends on the expiration date stated in the release order, when the court rescinds it, or when the case ends (MCL 765.6b(2), (4), (5); MCR 6.106(I)(1)). If the case ends in probation, a new protective condition can be imposed under MCL 771.3(2)(o).
What a violation brings
Under MCL 764.15e(1), a peace officer may arrest you without a warrant on reasonable cause to believe you are violating or have violated a release condition imposed under MCL 765.6b or MCL 780.582a, and must bring you before the court within one business day (MCL 764.15e(2)). Under MCR 6.106(I)(2), the court may then issue a warrant, revoke the release order and declare any bail money or surety bond forfeited. The practical result can be waiting in jail for the rest of the case.
If the conduct was itself a crime, a new charge can follow. An assault on a household or dating partner is a separate misdemeanor under MCL 750.81(2), punishable by up to 93 days in jail, and the pending case does not absorb it. On probation, violating 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 and the court may consider revocation under MCL 771.4. The guide article on violating a no-contact order follows a violation from the report to the hearing.
If the other person contacts you first, the order still binds you and only you. Do not reply. Save the message with the date visible and give it to your lawyer, who can decide whether it supports a motion to the court.
Home, belongings and children
If the order keeps you out of a shared home, ask the court, through a lawyer, how to collect clothing, medication, documents and work tools. Some courts allow a one-time pickup at a set time, sometimes with a police officer present, but the method varies by court and the statute does not require one. Going over on your own because you "only need clothes" is a violation. The guide article on getting belongings from a shared home covers the request.
A no-contact order naming one parent does not automatically name the children; that depends on its wording. A parenting time order from family court does not override it either. MCR 6.106(D)(2)(m) says that if a no-contact condition conflicts with another court order, the most restrictive provision takes precedence until the conflict is resolved, so both courts may need to be asked. See no-contact orders and your children.
What to do next
Get a copy of the release order and read every condition. Write down the expiration date. Change nothing on your own, and if the other person reaches out, keep the message and do not answer. If the order makes your housing, your job or your children unworkable, the fix is a motion to the judge, and the sooner it is filed the sooner a hearing can be set.
A lawyer matters when you need the order changed, when a family court case is running at the same time, or when you have been accused of a violation, because a revoked bond can mean waiting in jail for the rest of the case. The sibling guides on what bond and bail mean and what a PPO is cover the related orders. The office of Attorney Shawn Haff, with offices in Wyoming and Grand Rapids, offers a free consultation at 616-438-6719, answered 24/7.
Common questions
Can the victim drop a no-contact order in Michigan?
Not directly. The no-contact condition is the criminal court's order, and under MCR 6.106(H)(2) a release decision is modified by the court on the motion of a party or on its own initiative (before a felony arraignment on the information, on finding a substantial reason). The parties are the prosecutor and the defendant. The protected person can tell the court and the prosecutor what he or she wants, and the judge can weigh it, but the condition stays in place until a judge signs an amended order.
Does a no-contact order cover texts, social media and messages through friends?
Read the order. MCL 765.6b(2) requires it to state the conditions imposed, and MCR 6.106(D)(2)(m) allows any condition limiting or prohibiting contact with a named person. The interim-bond statute, MCL 780.582a(2), speaks of contact of any kind. Treat a text, a tag, a like and a message passed through a relative as contact unless the order says otherwise, and ask the court through a lawyer if you are unsure.
What happens if I violate a no-contact order while on bond?
An officer may arrest you without a warrant on reasonable cause under MCL 764.15e(1), and you must be brought before the court within one business day. The court may revoke your release and forfeit your bond under MCR 6.106(I)(2), which can mean jail until the case ends. If the contact involved an assault or a threat, a separate charge is possible. A violation can also complicate everything else in the case, so compliance matters from the first day.
How long does a no-contact order last?
MCL 765.6b sets no fixed term. The release order must state the date it takes effect and the date it expires (MCL 765.6b(2)), and the court can amend or rescind it before then. Unless the order says otherwise, it can run until the criminal case ends. If the case ends in probation, the sentencing court can impose a new protective condition under MCL 771.3(2)(o) for the probation term. A PPO, by contrast, runs on its own clock in a separate civil case.
Can I see my kids if there is a no-contact order against their other parent?
It depends on the wording. An order naming one parent does not by itself name the children, but if exchanges require contact with the protected parent, those exchanges may be barred. A family court parenting time order does not override the criminal order: under MCR 6.106(D)(2)(m) the most restrictive provision controls until a court resolves the conflict. A judge can be asked by motion to modify the condition, for example to allow exchanges through a third party.
Sources
- MCL 765.6b, Release of defendant subject to protective conditions · Michigan Legislature
- Michigan Court Rules, MCR 6.106 (Pretrial Release) · Michigan Courts
- MCL 780.582a, Interim bond conditions after a domestic assault arrest · Michigan Legislature
- MCL 764.15e, Arrest without warrant for violating a condition of release · Michigan Legislature
- MCL 771.3, Conditions of probation · Michigan Legislature
- MCL 771.4b, Technical probation violations · Michigan Legislature
- MCL 771.4, Revocation of probation · Michigan Legislature
- MCL 750.81, Assault; domestic assault · Michigan Legislature
Legal information, not legal advice. This page is general legal information about Michigan law, published by the office of Attorney Shawn Haff. It is not legal advice and reading it does not create an attorney-client relationship. Laws change and every case turns on its own facts. Check the sources linked above and talk to a licensed Michigan attorney about your own situation. In an emergency, call 911.