No-Contact Orders and Seeing Your Children in Michigan

A criminal no-contact order in Michigan does not automatically cut a parent off from his or her children, and it does not automatically leave parenting time untouched either. Two rules decide most situations. First, the order reaches whoever it names, and it must state its conditions.^[1] Second, if the bond condition conflicts with another court order, such as a parenting time order, "the most restrictive provision of the orders shall take precedence until the conflict is resolved."^[2]

This page explains how to read the order, what happens when it collides with a family court order, how personal protection orders (PPOs) treat children, and how either parent can ask a court to sort it out.

If you or your children 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.^[6]

Does the no-contact order include the children?

A judge may release a defendant on conditions reasonably necessary for the protection of "1 or more named persons."^[7] That language lets a judge name the other parent alone, or the other parent and the children. A release order under MCL 765.6b must contain a statement of the conditions imposed.^[1]

So the first step is to read the order and answer three questions:

• Who is named? Only the other parent, or the children as well?
• Is there a condition about a place? The court rule allows a condition not to enter specified premises, which can include the home where the children live.^[8]
• Does it bar all contact or limit it? The rule allows conditions "limiting or prohibiting" contact with a named person.^[8]

No source reviewed for this guide sets a general rule for how a bond no-contact condition affects parenting time; the answer turns on the wording of the particular order. If the wording is unclear, ask the court to clarify it rather than acting on a guess.

When the bond order and a parenting time order conflict

Some parents already have a custody or parenting time order from a divorce or paternity case. The pretrial release rule addresses the collision directly: if a condition limiting or prohibiting contact "is in conflict with another court order, the most restrictive provision of the orders shall take precedence until the conflict is resolved."^[2]

In practice this means a parenting time schedule is not permission to contact the protected parent. A schedule that calls for the parents to meet for exchanges, or to text about pickups, conflicts with an order barring contact between them, and the stricter term governs until a court resolves the conflict.^[2]

A change to the bond condition comes from the criminal court, which can modify the release condition on a party's motion or its own initiative, on finding a substantial reason.^[9] Separately, a family court's parenting time order may include restrictions on the presence of third persons and a requirement that parenting time occur in the presence of a third person or agency.^[5] A family court order does not rewrite the bond condition: while the two conflict, the most restrictive provision governs.^[2]

Exchanges: the practical problem

Even when the children are not named, an order barring contact with the other parent leaves no room for the usual mechanics of an exchange, such as phoning or texting that parent or meeting face to face. A violation can lead to arrest without a warrant.^[10]

The following is practical guidance, and practice differs by court:

• Do not set up exchanges by contacting the protected parent, and do not use the children to carry messages.
• Do not assume that a relative can handle exchanges or relay messages for you. Whether an order allows that depends on its wording. If you want an exchange arrangement that involves another adult or a supervised site, ask the court to write it into an order first.
• Ask your lawyer to request a specific provision: who transports the children, where, at what times, and whether any communication about the children is allowed and by what method.
• Keep a copy of every order with you during parenting time.

A judge asked for such a provision is deciding a motion to modify release conditions.^[9] The process is described in How to change or lift a no-contact order.

How a PPO treats children

A personal protection order is a separate civil order, and its rules on children are more detailed.

Question	Rule
Which order controls?	A PPO takes precedence over any existing custody or parenting time order until the PPO expires or the custody court modifies its order to accommodate the PPO.[3]
Does the PPO judge consider parenting rights?	If the respondent's custody or parenting time rights will be adversely affected, the issuing court must decide whether conditions can accommodate those rights or whether that would compromise the safety of the petitioner and minor children.[11]
Can a PPO restrict contact with the respondent's own children?	Yes. The Court of Appeals held in Brandt v Brandt that the catch-all provision gives the court that authority.[12]
What about taking the children?	A PPO may bar removing minor children from the person with legal custody, except as authorized by a custody or parenting time order.[13]
How is parenting time changed?	By a motion in the court with jurisdiction over the custody or parenting time order; the hearing must be held within 21 days after the motion is filed.[14]

A PPO can also bar a respondent from access to records about a child of both parties that would reveal the petitioner's or the child's address or telephone number.^[13] More detail is in PPOs, children and parenting time.

What the family court looks at

The criminal court decides bond. Custody and parenting time are decided in the family division under a different standard.

• Parenting time is granted according to the child's best interests, and a child has a right to parenting time with a parent unless it is shown on the record by clear and convincing evidence that it would endanger the child's physical, mental or emotional health.^[4]
• In setting parenting time the court may consider the reasonable likelihood of abuse or neglect of the child during parenting time and the reasonable likelihood of abuse of a parent resulting from the exercise of parenting time.^[15]
• In a custody dispute, domestic violence is one of the best-interest factors the court must weigh, "regardless of whether the violence was directed against or witnessed by the child."^[16]
• Michigan's Child Custody Act contains no presumption against awarding custody to a parent who committed domestic violence.^[17]

These topics are covered in Domestic violence and parenting time and Domestic violence and child custody. If Children's Protective Services is involved, see CPS and domestic violence.

If you are the protected parent

The bond order does not restrain you, and a criminal court cannot issue a mutual order.^[18] The defendant remains bound by it whatever the parenting time schedule says.^[2] Several points are worth knowing.

• You can tell the prosecutor's office what arrangement for the children you think is safe. In a misdemeanor domestic assault case, unless the defendant already pleaded at the arraignment, the prosecutor must offer the victim an opportunity to consult about the disposition of the case before a plea, dismissal or diversion is finalized.^[19]
• If you want the criminal court's order to cover the children or the home, or want it narrowed so exchanges can happen, you can raise that with the prosecutor's office; a release decision is modified on a party's motion or the court's own initiative.^[9]
• If the bond order and the parenting time order conflict, the stricter provision governs until a court resolves it.^[2]
• A family court's parenting time order may require that parenting time occur in the presence of a third person or agency.^[5]
• A custodial parent's temporary stay with the child in a domestic violence shelter is not to be construed as evidence of intent to keep or conceal the child from the other parent.^[15]

A bond condition ends on the expiration date stated in the release order or when the court changes it.^[1][9] A parent who wants protection that does not depend on the criminal case can read How to get a PPO.

If you are the parent under the order

The answer to parenting time lost to a no-contact order is a court filing, not self-help. The order remains in effect until the court modifies it.^[9] Showing up at the home, school or daycare when the order bars it, or texting about the children when the order bars contact, can lead to arrest and revocation of release.^[10][20] Conduct that meets the definition of stalking is aggravated stalking when at least one of the acts violates a condition of pretrial release.^[21][22]

Day-to-day advice on handling school events, medical appointments and shared bills is in How to live with a no-contact order. What happens after a violation is in What happens if a no-contact order is violated.

What people get wrong

"The family court order came first, so it controls." Timing is not the test. The most restrictive provision takes precedence for a bond condition, and a PPO takes precedence over an existing custody or parenting time order.^[2][3]

"A no-contact order means I lose my kids." A bond condition is not a custody decision. Custody and parenting time are decided under the best-interest and endangerment standards.^[16][4]

"Talking about the kids does not count as contact." Nothing in the rule exempts conversations about children; an order may limit contact instead of barring it, but only if the judge writes it that way.^[8]