PPO Violation Penalties in Michigan: Arrest, Contempt, and Jail

Violating a personal protection order (PPO) in Michigan is punished as criminal contempt of court. An adult respondent who refuses or fails to comply is subject to immediate arrest and, if found guilty, must be imprisoned for not more than 93 days and may be fined not more than $500.^[1] The same conduct can bring separate criminal charges, including the felony of aggravated stalking.^[7][6]

If you are in immediate danger, call 911. The National Domestic Violence Hotline is free and confidential, and it answers around the clock at 1-800-799-7233 or by texting START to 88788.^[8]

This page follows a violation from the report to the sentence. It is written for petitioners who want an order enforced and for respondents who have been accused of violating one.

Possible consequences at a glance

Consequence	Maximum	Source
Criminal contempt for violating a PPO	93 days in jail and a $500 fine[1]	MCL 600.2950(23); MCL 600.2950a(23); MCR 3.708(H)(5)(a)
Civil contempt	A fine of not more than $7,500, or imprisonment, or both, as specified in MCL 600.1715[9]	MCR 3.708(H)(5)(b)
Aggravated stalking	5 years in prison or a $10,000 fine, or both[6]	MCL 750.411i
Federal interstate violation of a protection order	5 years in prison in the ordinary case, more if serious injury or death results[10]	18 USC 2262

PPO violations are usually handled as criminal contempt; civil contempt is rare.^[9]

What counts as a violation?

A violation is an act the order specifically restrains. For purposes of warrantless arrest, MCL 764.15b lists the acts: assaulting, attacking, beating, molesting, or wounding a named individual; removing minor children from the person with legal custody, except as a custody or parenting time order allows; entering onto premises; stalking conduct; threatening to kill or physically injure a named individual; purchasing or possessing a firearm; interfering with the petitioner's efforts to remove children or personal property; interfering with the petitioner at work or school; and any other act or conduct specified by the court in the PPO.^[11] The terms a judge may include are explained in What a PPO can prohibit.

Only the respondent can violate a PPO. The Court of Appeals has held that the respondent's behavior is the only relevant consideration in a contempt proceeding, and that the person who holds the PPO is under no obligation to act in a certain way.^[12] Michigan does not allow mutual PPOs.^[13] A respondent who wants to resume contact lawfully needs the judge to modify or terminate the order first; see When the protected person wants contact.^[14]

Arrest without a warrant

Under MCL 764.15b(1), a peace officer may arrest without a warrant when the officer has reasonable cause to believe that a PPO has been issued, that the named individual is violating or has violated it by committing an act the order specifically prohibits, and that the order states on its face that a violation subjects the individual to immediate arrest and the contempt penalties.^[2]

If the respondent has not been served, the responding officer must serve the PPO or give oral notice of it. A respondent who has not received notice must be given an opportunity to comply before a custodial arrest, and failure to comply immediately is grounds for an immediate custodial arrest.^[15]

The statute says an officer "may" arrest.^[2] The U.S. Supreme Court has held that a person who obtains a protection order does not have a federal due process right to have police enforce it.^[16] The petitioner's own tool, when no arrest is made, is the motion to show cause described below.^[17]

What happens after an arrest

1. No appearance ticket. An appearance ticket may not be issued to a person subject to detainment for violating a PPO.^[3]
2. Court within 24 hours. The person must be brought before the family division of circuit court within 24 hours after arrest. If a circuit judge is not available in that time, the person is taken before the district court, which sets bond and orders an appearance in the family division.^[4]
3. Bond. The court must set a reasonable bond pending the hearing unless it determines that release will not reasonably ensure the safety of the individuals named in the PPO.^[18]
4. Hearing date. The hearing for a respondent held in custody must be held within 72 hours after arrest, unless extended by the court on the motion of the arrested individual or the prosecuting attorney.^[19]

Missing one of those time limits does not end the case. A court shall not rescind the PPO, dismiss the contempt proceeding, or impose any other sanction for a failure to comply with a time limit in MCL 764.15b.^[20]

The family division in every Michigan county has jurisdiction to conduct contempt proceedings for a violation of a PPO issued in any county of the state.^[21]

If there was no arrest: the motion to show cause

A petitioner may file a motion, supported by an appropriate affidavit, to have the respondent found in contempt. There is no fee for the motion.^[17] If the motion and affidavit establish a basis for a finding of contempt, the court must either order the respondent to appear at a specified time to answer the charge or issue a bench warrant. The petitioner must have the motion and the order personally served on the respondent at least 7 days before the show cause hearing.^[17]

The respondent's rights at the first appearance

MCR 3.708(D) requires the court, at the respondent's first appearance, to do the following.^[22]

• advise the respondent of the alleged violation;^[22]
• advise the respondent of the right to contest the charge at a contempt hearing;^[22]
• advise that the respondent is entitled to a lawyer's assistance at the hearing and that, if the court determines it might sentence the respondent to jail, a lawyer will be appointed at public expense if the respondent wants one and is financially unable to retain one;^[22]
• set a reasonable bond;^[22]
• take a guilty plea or schedule a hearing.^[22]

More on appointed counsel is in The right to a lawyer.

The violation hearing

The hearing is a bench proceeding with trial-type protections. Under MCR 3.708(H):^[5]

• There is no right to a jury trial.^[5]
• The respondent has the right to be present, to present evidence, and to examine and cross-examine witnesses.^[5]
• The rules of evidence apply.^[5]
• The petitioner or the prosecuting attorney has the burden of proving criminal contempt beyond a reasonable doubt, and civil contempt by clear and convincing evidence.^[5]

Who prosecutes

The prosecuting attorney must prosecute a criminal contempt proceeding for a PPO violation unless the petitioner retains his or her own attorney for it, or the prosecuting attorney determines that the PPO was not violated or that prosecution would not be in the interest of justice.^[23] A petitioner without a lawyer cannot act as the prosecutor: the Court of Appeals has held that the absence of a proper prosecutor was a jurisdictional defect that rendered the conviction void.^[23]

Sentencing for criminal contempt

If the respondent pleads guilty or is found guilty of criminal contempt, the court "shall impose a sentence of incarceration for no more than 93 days and may impose a fine of not more than $500.00."^[1] In addition, the court may:

• impose other conditions on the PPO, which the Court of Appeals has held can include extending its expiration date;^[24][25]
• place the respondent on probation in the manner provided for persons guilty of a misdemeanor.^[24]

The court may not order the respondent to pay the petitioner's attorney fees for bringing the show cause motion; the Court of Appeals has held that neither the statute nor the court rule provides for that.^[24]

A respondent has an appeal of right from a sentence for criminal contempt entered after a contested hearing. Other appeals in violation proceedings are by application for leave.^[26]

When a violation is also a crime

Contempt is not the only exposure. The PPO statute says the contempt penalty "may be imposed in addition to a penalty that may be imposed for another criminal offense arising from the same conduct."^[7] An assault that violates a PPO, for example, can be charged as an assault; see Domestic assault under MCL 750.81.

Aggravated stalking

A person who engages in stalking commits aggravated stalking if at least one of the actions violates a restraining order of which the person has received actual notice. Aggravated stalking is a felony punishable by imprisonment for not more than 5 years or a fine of not more than $10,000, or both.^[6] Stalking itself requires a course of conduct of two or more separate noncontinuous acts, so a single violation of a PPO is contempt, not aggravated stalking.^[27][6] See Aggravated stalking under MCL 750.411i.

Double jeopardy

Double jeopardy protections attach to nonsummary criminal contempt proceedings. The Court of Appeals has nonetheless upheld convictions for both aggravated stalking and criminal contempt for violating a restraining order, reasoning that the Legislature intended multiple punishments.^[28] Whether a later prosecution is barred in a particular case depends on the offenses involved, which is a question for a lawyer who has the charging documents.

Crossing state lines

Federal law makes it a crime to travel in interstate or foreign commerce with the intent to violate the part of a protection order that protects against violence, threats, harassment, contact, communication, or physical proximity, and then to do so.^[10] After service, a Michigan PPO may also be enforced by another state, an Indian tribe, or a United States territory, and federal law requires those jurisdictions to give full faith and credit to a protection order that meets its notice and hearing conditions.^[29][30] See Federal domestic violence crimes and Out-of-state protection orders.

Respondents under 18

Enforcement of a PPO against a respondent who is under 18 is governed by the juvenile court rules.^[31] The warrantless-arrest statute, MCL 764.15b(1)(c), describes the consequence for a respondent less than 18 years of age as the juvenile dispositional alternatives, and adult criminal contempt for a respondent 18 or older.^[32] The PPO statutes themselves still draw the line at 17, so the texts are not consistent on 17-year-olds.^[32] See PPOs involving minors.

Does a violation leave a record?

Yes. Police must collect biometric data from a person arrested for criminal contempt for a PPO violation, the State Police keep criminal history record information on such arrests, and the court clerk must report the final disposition of the contempt charge to the State Police.^[33] See Does a PPO show up on a background check?

What people get wrong

"A PPO violation is a misdemeanor with a jury trial." It is criminal contempt, heard by a judge with no right to a jury trial, though proof must be beyond a reasonable doubt.^[1][5]

"The petitioner prosecutes the violation." The prosecuting attorney does, unless the petitioner retains an attorney for the contempt proceeding.^[23]

"I was not served, so I cannot be arrested." An unserved respondent without notice gets an opportunity to comply; failure to comply immediately is grounds for arrest.^[15]

"A PPO is the same as a bond condition." A no-contact condition on a criminal bond is enforced under different statutes; see Violating a no-contact order.^[34]