How to Change or Lift a No-Contact Order in Michigan

A no-contact condition in a Michigan criminal case can be changed or removed only by the court. Under MCR 6.106(H)(2), a court where the case is pending may modify a prior release decision "on the motion of a party or its own initiative and on finding that there is a substantial reason for doing so."^[1] Neither the defendant nor the protected person can change it by agreement, and until the judge signs an amended order the original one remains in force.

This page covers who can ask, how the request is made, what judges look at, and what a protected person can do. It is about bond conditions in a criminal case; what those conditions are is explained in No-contact orders explained and Bond conditions in domestic violence cases. Ending or changing a personal protection order is a different process, covered in How to fight or terminate a PPO.

If you are being pressured or threatened to ask for an order to be lifted, call 911 if you are in danger. The National Domestic Violence Hotline is free, confidential and available 24/7 at 1-800-799-SAFE (7233), or by texting START to 88788.^[5]

Who can ask the court to change the order?

The rule names two routes: a motion by "a party," or the court acting on its own initiative.^[1] The Domestic Violence Benchbook describes a criminal case as a proceeding between the defendant and the People.^[2] In practice that means the request comes from one of these:

• The defendant, by filing a motion to modify the conditions of release.^[1]
• The prosecuting attorney, who as a party may move to modify the release decision.^[1] A prosecutor may also move to revoke bond on any credible evidence of acts or threats of violence or intimidation against the victim or the victim's immediate family.^[6]
• The court itself, on its own initiative.^[1]

The rule does not provide for a motion by the protected person, who is a witness in the criminal case.^[1] The court does not have jurisdiction over witnesses, which is also why it cannot issue a mutual order.^[2] What a protected person can do is described below.

The standard: a "substantial reason"

Before the arraignment on the information (the circuit court arraignment in a felony case), a court may modify a release decision on finding that there is a substantial reason for doing so. At and after that arraignment, the court may make a de novo determination, deciding the question anew. In either setting, the party seeking modification has the burden of going forward.^[1][7]

The rule does not define "substantial reason," and no source reviewed for this guide lists reasons that always succeed. The court rule lists factors a court considers in making a release decision, including:

• the seriousness of the offense charged and the presence or absence of threats;^[8]
• the defendant's prior criminal record and record of appearing in court;^[8]
• history of substance abuse, and mental condition including reputation for dangerousness;^[8]
• any other facts bearing on the risk of nonappearance or danger to the public.^[8]

In domestic violence cases the benchbook's advisory committee also tells judges to assess circumstances indicating whether the defendant is likely to kill or seriously injure an intimate partner or other person.^[9]

Steps for a defendant

1. Read the order. A release order under MCL 765.6b must state the conditions imposed and its expiration date.^[10] Know exactly what is barred before asking for a change.
2. Decide what to ask for. The court rule allows conditions "limiting or prohibiting" contact, so the request does not have to be all or nothing.^[11] Examples of narrower requests are a change from no contact to limited contact, permission for contact about children, or a one-time arrangement to collect property. Whether a court grants any of them is discretionary and varies by judge.
3. File a motion in the court where the case is pending. That is the court with authority to modify the release decision.^[1] Each court has its own scheduling practices; a defense lawyer or the clerk's office can explain the local procedure.
4. Use the hearings already scheduled. In a felony case, the probable cause conference must include discussion of bail and bond modification, and the district judge must be available at that conference to consider requests to modify bond.^[12] In a misdemeanor case the court may set a pretrial conference and require pretrial motions to be filed and argued by then.^[13]
5. Keep following the order while the motion is pending. A peace officer may arrest without a warrant a defendant reasonably believed to be violating a release condition, and the condition is changed only when the court modifies its release decision.^[4][1] See What happens if a no-contact order is violated.

A defendant should not contact the protected person to ask for support for the motion. That contact is what the order forbids, and discouraging or influencing a witness by threat or intimidation is a separate felony under MCL 750.122.^[14] See Witness tampering and pressuring a victim not to testify.

What a protected person can do

Some protected persons want the order kept or strengthened. Others want it relaxed, because of children, a shared household, finances, or because they want the relationship to continue. Either wish can be put before the court. The rule provides for a motion by a party or action on the court's own initiative, not a motion by a witness.^[1]

• Talk to the prosecutor's office. In a serious misdemeanor case such as domestic assault, if the defendant did not already plead guilty or no contest at the arraignment, the prosecuting attorney must offer the victim the opportunity to consult about the disposition of the case before finalizing a plea, dismissal or diversion.^[15] The same duty applies in felony cases.^[16] On the victim's request the prosecutor must also confer with the victim before trial.^[17] Those conversations are the natural place to say what you want to happen with the no-contact condition. The full list of rights is in Crime victim rights in domestic violence cases. Some prosecutor's offices have a victim advocate; how these requests are handled differs from county to county.
• Attend the hearing. Where a hearing is scheduled by video, a victim may request to appear in person.^[18]
• Report threats or pressure. Credible evidence of threats or intimidation by the defendant, or at the defendant's direction, lets the prosecutor ask the court to revoke bond.^[6]
• Ask about monitoring options. If the court orders electronic monitoring, a victim may give the court a list of areas from which he or she would like the defendant excluded, and the court must consider it.^[19]

The decision remains the judge's. The benchbook advises courts not to ask the complaining witness to approve or agree to release conditions, because doing so may endanger the witness.^[2] Because the rule turns on the court's own finding of a substantial reason, a judge may keep an order in place when the protected person asks for it to be lifted, and may change one when that person objects.^[1] More on this is in When the protected person wants contact.

If the motion is denied

A party seeking review of a release decision may file a motion in the court having appellate jurisdiction over the court that made it. There is no fee for filing that motion. The reviewing court may not stay, vacate, modify or reverse the release decision except on finding an abuse of discretion.^[3]

The rule does not say how many times a party may ask. It lets the court modify a prior release decision on finding a substantial reason, and at and after the arraignment on the information the court may make a de novo determination.^[1]

What happens to the order after a change

An amended order must contain the same items as the original: the defendant's identifying information, the effective date, the expiration date and the conditions.^[10] The judge must direct that an amended order be entered into the Law Enforcement Information Network (LEIN), and that a rescinded order be removed from it.^[20] As a practical matter, keep a copy of the amended order with you until you are confident the change shows in the system.

After the case: probation conditions

If the case ends in probation, the court may make probation subject to conditions reasonably necessary for the protection of one or more named persons.^[21] In setting probation conditions the court must consider the victim's input, including any request for protective conditions, and conditions must be adjusted if the court determines adjustments are appropriate.^[22] See Probation conditions in domestic violence cases.

What people get wrong

"Only the victim can ask to lift it." The rule gives the motion to the parties and to the court itself.^[1]

"We both signed a letter, so it is lifted." A letter is not an order. Bond conditions are court orders, and they bind the defendant until the court modifies them.^[23][1]

"The prosecutor agreed, so we can talk now." A release decision is modified by the court, and the statute's content and LEIN provisions apply to the order or amended order the court issues.^[1][10][20]