No-Contact Orders in Michigan Domestic Violence Cases, Explained

A no-contact order in a Michigan domestic violence case is a condition of the defendant's release from custody. A judge or district court magistrate may release a defendant on conditions reasonably necessary to protect one or more named persons, and the court rule lists a condition limiting or prohibiting contact with a named person among them.^[1][7] It is the court's order, it binds the defendant, and it stays in place until the court changes it or it expires.^[2][8][4]

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.^[9]

Where a no-contact order comes from

There is no single "no-contact order" statute. The phrase describes a condition that can be attached at three points in a criminal case.

Stage	Legal basis	What the law says
Interim bond, before arraignment	MCL 780.582a	The judge or magistrate must consider, and may impose, a condition that the person not have or attempt to have contact of any kind with the victim.[10]
Pretrial release, from arraignment on	MCL 765.6b and MCR 6.106	The court may impose conditions reasonably necessary to protect named persons, including any condition limiting or prohibiting contact with a named person.[1][7]
Probation, after a conviction	MCL 771.3	The court may make probation subject to conditions reasonably necessary for the protection of one or more named persons.[11]

A personal protection order (PPO) is something else: a civil order from the family division of circuit court that a person petitions for.^[12] The two can exist at the same time. The differences are laid out in PPO, no-contact order or restraining order.

What does "no contact" cover?

The answer is in the order itself. A release order under MCL 765.6b must contain a statement of the conditions imposed.^[4] The judge must also tell the defendant the specific conditions, orally on the record or in a writing delivered personally.^[1]

The underlying texts are broad. The interim-bond statute speaks of contact "of any kind."^[10] The court rule allows "any condition limiting or prohibiting contact with any other named person or persons."^[7] Because the rule says "limiting or prohibiting," a judge can write a narrower condition as well as a complete bar; courts differ in how they word these orders.

Neither the statutes nor the court rule lists phone calls, texts, social media or messages carried by other people one by one. Whether a given act is covered turns on the words of the order. As a practical matter, an order that bars all contact leaves no safe category of "indirect" contact to rely on, and a defendant who needs something communicated (about children, bills or property) should raise it with the court through a lawyer rather than guess. Day-to-day guidance is in How to live with a no-contact order.

The shared home

A no-contact condition is often paired with a condition about place. The court rule allows a condition that the defendant not enter specified premises or areas, and a separate condition restricting the defendant's place of residence.^[7] When the protected person lives in the home the two people shared, those conditions can keep the defendant out of it for as long as the order lasts. Collecting clothing, medication and work tools is covered in Getting belongings from a shared home.

Children

An order naming one parent does not necessarily name the children; that depends on its wording. If the release condition conflicts with another court order, such as a parenting time order, the most restrictive provision takes precedence until the conflict is resolved.^[13] See No-contact orders and seeing your children.

When does it start?

The order must state the date the conditions become effective.^[4] The court may make a no-contact condition effective immediately on entry of the release order and while the defendant remains in custody, if it determines that is reasonably necessary to maintain the integrity of the proceeding or to protect a named person.^[3] So the condition can already apply to calls or letters from the jail.

Who does the order bind?

The defendant, and only the defendant. The Domestic Violence Benchbook notes that the court in a criminal case "does not have jurisdiction over the witnesses and, therefore, cannot issue a mutual 'no contact' order."^[2] The benchbook also tells judges to emphasize that the proceedings are between the defendant and the People, not between the defendant and his or her intimate partner.^[2]

That has a consequence people often miss. The protected person is not the one restrained, but that person's call, text or invitation does not rewrite the order either. Bond conditions are court orders, and only a court may modify a release decision.^[14][8] This is discussed further in When the protected person wants contact.

How long does it last?

MCL 765.6b sets no fixed term for a pretrial no-contact condition. The order must state "the date on which the order will expire."^[4] The judge must direct that the order be entered into LEIN and removed when it is rescinded or expires.^[5]

If the case ends with a sentence of probation, the court may impose protective conditions as a term of probation, and an order with such a condition is entered into LEIN as well.^[11][15] In setting probation conditions the court must consider the victim's input, including any request for protective conditions.^[16] See Probation conditions in domestic violence cases.

How is it enforced?

A peace officer may arrest, without a warrant, a defendant the officer has reasonable cause to believe is violating or has violated a release condition imposed under MCL 765.6b or MCL 780.582a.^[6] The court may revoke the release order and declare the bail forfeited.^[17] A bond condition is also a court order whose violation can be punished as criminal contempt.^[14] The full sequence is in What happens if a no-contact order is violated.

How it differs from a PPO

	Criminal no-contact order	Personal protection order
Who starts it	The judge or magistrate in the criminal case, as a release condition[1]	A petitioner, in the family division of circuit court[12]
Whom it restrains	The defendant only[2]	The respondent only; mutual PPOs are not allowed[18]
How long it lasts	Until the expiration date stated in the release order[4]	An ex parte PPO is valid for not less than 182 days and states its expiration date[19]
Consequence of a violation	Warrantless arrest, revocation or forfeiture of bail, contempt[1]	Criminal contempt: up to 93 days in jail and a fine of up to $500[20]
Who can ask to change it	A party to the criminal case, or the court on its own initiative[8]	The petitioner may move to modify or terminate at any time[21]

If you are the protected person

You did not have to ask for the order, and you are not responsible for enforcing it. The benchbook advises judges not to ask the complaining witness to approve or agree to release conditions.^[2] In a felony case the prosecuting attorney must give each victim written notice of suggested procedures to follow if the victim is subjected to threats or intimidation.^[22] If the defendant, or someone acting at the defendant's direction, threatens or intimidates the victim or the victim's immediate family, the prosecutor may move to revoke bond on any credible evidence of it.^[23]

A bond condition lasts only until the expiration date stated in the release order, or until the court changes it.^[4][8] A person who wants protection that does not depend on the criminal case can petition for a PPO; see How to get a PPO. A person who wants the condition changed can read How to change or lift a no-contact order.

What people get wrong

"The victim can lift it." A release decision is modified by the court, on a party's motion or the court's own initiative, on finding a substantial reason.^[8]

"It only starts when I am released." It can be made effective immediately, in custody.^[3]

"It is a mutual order." There is no mutual no-contact order in a criminal case.^[2]

"If the other person texts first, I can answer." No source reviewed for this guide makes the protected person's invitation an exception. The order is the court's, it is directed at the defendant, and it remains in effect until the court modifies it.^[14][8]