Bond Conditions in Michigan Domestic Violence Cases

In a Michigan domestic violence case, bond can involve more than a dollar amount. A judge or district court magistrate may release a defendant "subject to conditions reasonably necessary for the protection of 1 or more named persons," and must inform the defendant of the specific conditions, orally on the record or by a personally delivered writing.^[1] The court rule on pretrial release adds a longer menu of conditions, from no contact to alcohol testing to a curfew.^[2]

This page lists every condition the statute and the court rule name, explains how a judge chooses among them, and covers how long they last and how they are enforced.

Two stages: the interim bond and the arraignment

Release conditions can be set at two points.

Before arraignment. A person arrested without a warrant for domestic assault under MCL 764.15a may not be released on an interim bond set by police; the person is held until arraignment or until a judge or district court magistrate sets interim bond.^[7] A judge or magistrate who does so must consider, and may impose, the condition that the person "not have or attempt to have contact of any kind with the victim."^[8] An interim release order with protective conditions must state an expiration date and is entered into LEIN.^[9]

At arraignment. The court decides release pending trial under MCR 6.106 and may add protective conditions under MCL 765.6b.^[10][1] Neither statute limits a judge's authority to impose protective or other release conditions under other statutes or court rules.^[11] What else happens at that hearing is covered in The arraignment.

The starting point is release without money

At arraignment the court must order one of three things: custody, release on personal recognizance or an unsecured appearance bond, or conditional release with or without money bail.^[10] Unless custody applies, the court must release the defendant on personal recognizance or an unsecured bond, on the conditions that the defendant appear as required, not leave the state without the court's permission, and not commit any crime while released, unless the court determines that such release will not reasonably ensure appearance or will present a danger to the public.^[12]

If the court makes that determination, it may order release subject to any condition or conditions it determines are reasonably necessary to ensure the defendant's appearance and the safety of the public.^[2]

Conditions listed in MCR 6.106(D)(2)

Condition the court may impose	What it means in a domestic violence case
No contact with a named person[2]	The no-contact order. See No-contact orders explained.
Not enter specified premises or areas, and not assault, beat, molest or wound a named person[2]	The premises are whatever the order specifies, such as a home, a workplace or a school.
Restrictions on personal associations, place of residence, place of employment, or travel[2]	The residence restriction is another basis for an order to live somewhere other than the shared home.
Not possess a firearm or other dangerous weapon[2]	See Firearms while the case is pending.
Not use alcohol or illicitly use any controlled substance[2]	Testing is a separate listed condition (next row).
Participate in a substance abuse testing or monitoring program[2]	See GPS tethers and alcohol testing on bond.
Report to a court agency; a specified treatment program; a curfew; surrender of a driver's license or passport; continuing to seek employment; continuing or beginning an educational program; remaining in the custody of a responsible member of the community who agrees to monitor the defendant[2]	General supervision conditions.
Satisfy any injunctive order made a condition of release; any other condition reasonably necessary to ensure appearance and the safety of the public[2]	The rule's list is not closed.
Money bail[2]	Explained below.

Which conditions a judge actually orders differs from court to court and case to case. The rule lists what is allowed; it does not make any of them automatic.

Conditions listed in MCL 765.6b

MCL 765.6b is the statute on protective release conditions. Its orders are entered in LEIN, and a peace officer may arrest without a warrant a defendant reasonably believed to be violating one.^[5][13] Its provisions are:

• Protective conditions for named persons. The judge must make a finding of the need for protective conditions and inform the defendant, orally on the record or by a personally delivered writing, of the specific conditions and of the consequences of a violation.^[1]
• A firearm condition. The order may bar the defendant from purchasing or possessing a firearm.^[3]
• Electronic monitoring. When the charge is a crime involving domestic violence or another assaultive crime, the judge may order the defendant to wear an electronic monitoring device.^[14] If the judge does, the firearm condition becomes mandatory.^[3] The term covers devices that track location and devices that monitor blood alcohol content.^[15]
• Victim notification by GPS. With the victim's informed consent, the court may order the defendant to provide the victim with a receptor device that gives an alert when the defendant comes within a set distance.^[14]
• Exclusion areas. The victim may give the court a list of areas from which he or she would like the defendant excluded; the court decides which areas the defendant may not enter.^[14]
• Payment. A defendant ordered onto electronic monitoring is released only on agreeing to pay the cost of the device and monitoring or to perform community service work instead.^[14]
• Impaired-driving releases. A separate subsection lets a judge set public-protection conditions when a roadside screen detected alcohol or drugs and a chemical test is pending. It concerns driving cases rather than domestic violence.^[16]

What the release order must say

An order or amended order under MCL 765.6b must contain the defendant's full name, a physical description and date of birth, the date the conditions become effective, the date on which the order will expire, and the conditions imposed.^[4]

The judge must immediately direct, in writing, that the order be entered into LEIN, and it must be removed when it is rescinded or expires.^[5] Conditional release orders issued under MCL 765.6b are also entitled to full faith and credit in other United States jurisdictions.^[17]

What the judge weighs

MCR 6.106(F)(1) lists the factors: prior criminal record, including juvenile offenses; record of appearance or flight; history of substance abuse; mental condition, including character and reputation for dangerousness; the seriousness of the offense, the presence or absence of threats, and the probability of conviction and likely sentence; employment and financial history as it bears on the ability to post bail; the availability of responsible community members to vouch for or monitor the defendant; community and family ties; and any other facts bearing on the risk of nonappearance or danger to the public.^[18]

In domestic violence cases, the benchbook's advisory committee adds that a court should assess whether circumstances indicate the defendant is likely to kill or seriously injure an intimate partner or another person.^[19] The same committee advises courts not to ask the complaining witness to approve or agree to release conditions, because doing so may endanger the witness.^[20]

Money bail

If the court finds, for reasons it states on the record, that the defendant's appearance or the protection of the public cannot otherwise be assured, it may require money bail, with or without other conditions. Under one option in the rule the defendant may post a cash deposit of 10 percent of the full bail amount.^[21]

At the end of the case, where a 10 percent deposit was posted for a crime governed by MCL 780.66, the court returns 90 percent of the deposit and keeps 10 percent. It returns the entire deposit if the defendant is discharged from all obligations and was not convicted of the charged crime.^[22] If release conditions are violated, the court may revoke the release order and declare the bail forfeited.^[23]

How long conditions last, and how they change

MCL 765.6b sets no number of days. The order must state its own expiration date.^[4] A person who stays in jail because bond cannot be met is covered by a separate rule: a misdemeanor defendant incarcerated for 28 days or more, or a felony defendant incarcerated for 180 days or more, awaiting trial must be released on personal recognizance unless the court finds by clear and convincing evidence that the defendant is likely to fail to appear or to present a danger to any other person or the community. Certain periods of delay, including adjournments the defense requested or consented to, are excluded from the count.^[24]

Conditions change only by court order. A court may modify a release decision on the motion of a party or on its own initiative, on finding a substantial reason, and the party seeking the change has the burden of going forward.^[6] A party may also ask the court with appellate jurisdiction to review the decision; there is no filing fee, and the decision is changed only for an abuse of discretion.^[25] The steps are in How to change or lift a no-contact order.

If you are the protected person

If you are in danger, call 911. The National Domestic Violence Hotline is free, confidential and available 24/7 at 1-800-799-SAFE (7233), or by texting START to 88788.^[26]

The conditions bind the defendant. A criminal court has no jurisdiction over witnesses and cannot issue a mutual no-contact order.^[20] If the defendant, or someone acting at the defendant's direction, threatens or intimidates the victim or the victim's immediate family, the prosecuting attorney may move to revoke the bond on any credible evidence of it.^[27] A person who wants conditions tightened or loosened can tell the prosecutor's office; the options on both sides are set out in When the protected person wants contact.

What people get wrong about bond conditions

"The conditions start when I get out." The court may make a no-contact condition effective immediately on entry of the release order, while the defendant remains in custody.^[28]

"An alcohol tether is not electronic monitoring." The statute's definition includes a device that monitors blood alcohol content, so an order to wear one under that subsection brings the mandatory firearm condition with it.^[15][3]

"A bond violation just means a warning." The defendant is told at the outset that a violation means arrest without a warrant and possible forfeiture or revocation of bail, and a bond condition is a court order punishable by contempt.^[1][29] See What happens if a no-contact order is violated.