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Michigan Legal Resource Library · Personal protection orders

PPO, No-Contact Order or Restraining Order: The Differences in Michigan

Key points

  • A personal protection order (PPO) is a civil injunction issued by the family division of circuit court on a petition filed by the person seeking protection.[1][2]
  • A no-contact order in a criminal case is a condition of the defendant's release: a judge or district court magistrate imposes it under MCL 765.6b to protect one or more named persons, and nobody petitions for it.[3]
  • Both kinds of order are entered into the Law Enforcement Information Network (LEIN), and police may arrest without a warrant for a violation of either.[4][5][6][7]
  • Each order restrains one person only. Michigan law bars mutual PPOs, and a criminal court cannot issue a mutual no-contact order because it has no jurisdiction over the witnesses.[8][9]
  • The two can exist at the same time, and when a bond no-contact condition conflicts with another court order the most restrictive provision controls until the conflict is resolved.[10]

In Michigan, a personal protection order (PPO) and a no-contact order are different legal tools. A PPO is a civil injunction that a person asks the family division of circuit court to issue.[1][2] A no-contact order is a condition a criminal court places on a defendant's release, or later on probation, to protect a named person.[3][11] "Restraining order" is the everyday phrase people use for either one.

The differences matter in practice: who can ask for the order, how long it lasts, who can change it, and what happens after a violation all depend on which order it is. This page compares them side by side and points to the guides that cover each in depth.

If you are in danger, call 911. The National Domestic Violence Hotline is free, confidential and open 24/7 at 1-800-799-SAFE (7233), or text "START" to 88788.[12]

The short version: a comparison table

OrderWho issues it and how it startsHow long it lastsHow it is enforced
Personal protection order (PPO)Family division of circuit court, on a petition filed by the person seeking protection; no filing fee[1][2]Until the expiration date on the order; an ex parte PPO is valid for not less than 182 days[13]Entered in LEIN; warrantless arrest; criminal contempt with jail of not more than 93 days and a fine of not more than $500[4][6][14]
Bond (pretrial release) no-contact conditionThe judge or district court magistrate in a criminal case, as a condition of release under MCL 765.6b[3]Until the expiration date stated in the release order, unless amended or rescinded[15][16]Entered in LEIN; warrantless arrest; bail may be forfeited or revoked; contempt[5][7]
Probation no-contact conditionThe sentencing court after a conviction, as a probation condition under MCL 771.3(2)(o)[11]Set by the probation orderEntered in LEIN; warrantless arrest on reasonable cause of a probation violation[17][18]
Extreme risk protection order (ERPO)Family division of circuit court, on a complaint by a person the statute lists: a spouse or former spouse, co-parent, dating partner, household or family member, guardian, law enforcement officer or health care provider[19][20]1 year from issuance, unless extended[21][22]Covers firearms only; every violation is a felony[23][24]
Peace bondA district or municipal judge, on a written complaint under oath that a person has threatened an offense[25]A period the court sets, not exceeding 5 years[25]Arrest, forfeiture of the recognizance and, where the order protects a spouse, former spouse, co-parent or household member, contempt with jail of not more than 90 days[26]

What is a personal protection order?

A PPO is an injunctive order issued by the family division of circuit court that restrains a named person from conduct listed in the PPO statutes.[1] Michigan has three types: domestic relationship PPOs, nondomestic stalking PPOs and nondomestic sexual assault PPOs.[27] They are explained in The three types of PPO.

The defining feature of a PPO is that the protected person starts it. A personal protection action is an independent action commenced by filing a petition, and it may not be started by filing a motion in another case.[2] No criminal charge is needed. District courts do not issue PPOs; the family division has jurisdiction over them.[28] The filing steps are in How to get a PPO.

A PPO is effective and immediately enforceable anywhere in Michigan once a judge signs it.[29] The petitioner can ask the court to modify or terminate it at any time, and the respondent can file a motion to modify or terminate it as well.[30][31] See How to challenge, modify or terminate a PPO.

What is a no-contact order in a criminal case?

When a person is charged with a crime such as domestic assault, the judge or magistrate who sets bond may release the defendant subject to conditions reasonably necessary for the protection of one or more named persons.[3] A no-contact condition is one example. The judge has to make a finding that protective conditions are needed and tell the defendant, on the record, what the conditions are and what happens after a violation.[3]

Several things follow from the fact that this order belongs to the criminal case:

  • The complaining witness does not apply for it, and it is not a PPO.[3]
  • It binds the defendant only. A criminal court has no jurisdiction over the witnesses and cannot issue a mutual no-contact order.[9]
  • Changes go through the criminal court. A release decision can be modified on the motion of a party or on the court's own initiative, on a finding of a substantial reason.[32]
  • The order must state the date it becomes effective and the date it expires, and it is entered into LEIN.[15][16]
  • It may include a condition that the defendant not purchase or possess a firearm.[5]

The scope of these orders is covered in No-contact orders explained, and the process for changing one in How to modify or lift a no-contact order. For the situation where the protected person wants contact to resume, see When the protected person wants contact.

No-contact as a probation condition

If the case ends in a conviction and probation, the sentencing court may make it a condition of probation that the person be subject to conditions reasonably necessary for the protection of one or more named persons.[11] A probation order with that kind of condition is entered into LEIN.[17] Probation terms generally are covered in Domestic violence probation conditions.

What about a "restraining order" in a divorce or custody case?

A court handling a divorce can issue ex parte and temporary orders on matters within its jurisdiction, but it issues protective orders against domestic violence only "as provided in subchapter 3.700," which is the PPO procedure.[33] In practice that means a spouse who wants a PPO during a divorce files a separate PPO petition; the existence of a divorce case does not prevent one.[34][2]

The timing of enforcement differs too. An ordinary ex parte order in a domestic relations case is "effective upon entry and enforceable upon service."[33] A PPO is enforceable as soon as the judge signs it, before the respondent is served.[29]

How does enforcement differ?

For a PPO, a police officer may arrest without a warrant on reasonable cause to believe the respondent is violating or has violated the order by doing something the order specifically prohibits.[6] An adult respondent found guilty of criminal contempt must be jailed for not more than 93 days and may be fined not more than $500.[14] The hearing process is described in Violating a PPO: arrest and criminal contempt.

For a bond condition, an officer may likewise arrest without a warrant on reasonable cause to believe the defendant is violating or has violated a release condition imposed under MCL 765.6b.[7] The defendant was warned at release that a violation can lead to bail being forfeited or revoked, new conditions, and contempt.[3] A bond condition is a court order, and violating one can be punished as criminal contempt.[35] See Violating a no-contact order.

Conduct that violates an order may also be a crime in its own right, such as an assault. The PPO statute says its contempt penalty may be imposed in addition to a penalty for another criminal offense arising from the same conduct.[36]

Two orders that are often confused with a PPO

Extreme risk protection orders

An ERPO, created by Michigan's "red flag" law effective February 13, 2024, is separate from a PPO.[37][38] It directs the restrained person not to purchase or possess a firearm and to surrender firearms; its listed terms concern firearms and concealed pistol licensing.[23] A no-contact provision is not among them. The details are in Extreme risk protection orders.

Peace bonds

A peace bond is an order of a district or municipal court requiring a person to post a recognizance, which is a financial promise to keep the peace.[25] It works very differently from a PPO: it begins with a sworn complaint about a threat, and the person has a right to a jury trial on whether a recognizance will be required.[25] See Peace bonds.

What people get wrong

"The victim can drop the no-contact order." The bond condition is the court's order in the criminal case, and only the court can modify a release decision.[32] A PPO petitioner, by contrast, can file a motion to terminate the PPO, but the order remains in force until a judge acts on that motion.[30]

"If the protected person calls first, it is not a violation." Both orders restrain one person only. In a PPO contempt proceeding the Court of Appeals has said the respondent's behavior is the only relevant consideration.[39] A criminal court's no-contact order is likewise directed at the defendant, because the court cannot bind the witness.[9]

"A PPO is not valid until it is served." A PPO is enforceable when signed, and failure to serve it does not affect its validity.[29] What a respondent should do on learning of one is covered in Served with a PPO: what it means and what to do first.

Common questions

Is a PPO the same thing as a restraining order in Michigan?

Michigan's statutes call the civil order that protects one person from another a personal protection order, defined as an injunctive order issued by the family division of circuit court.[1] People often call it a restraining order. Other orders also restrain contact, including bond and probation conditions in criminal cases, and those are issued and enforced differently.[3][11]

Can the protected person lift a criminal no-contact order?

Not directly. A release decision may be modified by the court on the motion of a party or on the court's own initiative, on finding a substantial reason.[32] The parties to a criminal case are the prosecution and the defendant, so the condition stays in place until a judge changes it. A PPO is different: the petitioner may file a motion to modify or terminate it at any time.[30]

Can a PPO and a no-contact bond condition be in place at the same time?

Yes. A PPO case is an independent civil action, separate from any criminal case.[2] The court rule on bond conditions anticipates overlap: if a no-contact condition conflicts with another court order, the most restrictive provision of the orders takes precedence until the conflict is resolved.[10]

Which order has the harsher penalty for a violation?

They are not directly comparable. A PPO violation is criminal contempt, with jail of not more than 93 days and a possible fine of not more than $500.[14] Violating a bond condition exposes the defendant to warrantless arrest, revocation of release and forfeiture of bail, and contempt of court.[7] The PPO statute adds that its contempt penalty may be imposed in addition to a penalty for another criminal offense arising from the same conduct.[36]

Does a no-contact order end when the criminal case ends?

A release order under MCL 765.6b states the date on which it expires, and the judge can amend or rescind it before then.[15][16] After a conviction, a sentencing court can impose a new protective condition as a term of probation.[11] A PPO runs on its own clock and ends on the expiration date printed on the order unless a judge terminates or extends it.[13][30]

Sources

  1. MCL 600.2950(30)(d); MCL 600.2950a(31)(d) — Michigan Legislature
  2. MCR 3.703(A) — Michigan Courts
  3. MCL 765.6b(1) — Michigan Legislature
  4. MCL 600.2950(10), (15)(a), (19); MCL 600.2950a(10), (15)(a), (19); MCR 3.707(A)(3) — Michigan Legislature
  5. MCL 765.6b(2)–(5) — Michigan Legislature
  6. MCL 764.15b(1) — Michigan Legislature
  7. MCL 764.15e(1); MCL 765.6b(1); MCR 6.106(I)(2); People v Mysliwiec, 315 Mich App 414, 417–418 (2016) — Michigan Legislature
  8. MCL 600.2950(8); MCL 600.2950a(8); MCR 3.706(B) — Michigan Courts
  9. DVBB §3.4 (committee tip) — Michigan Judicial Institute, Domestic Violence Benchbook
  10. MCR 6.106(D)(2)(m) — Michigan Courts
  11. MCL 771.3(2)(o) — Michigan Legislature
  12. National Domestic Violence Hotline, thehotline.org (home page) — National Domestic Violence Hotline
  13. MCL 600.2950(13); MCL 600.2950a(13); MCR 3.705(A)(3) — Michigan Courts
  14. MCL 600.2950(23); MCL 600.2950a(23); MCL 764.15b(1)(c)(i); MCR 3.708(H)(5)(a) — Michigan Legislature
  15. MCL 765.6b(2) — Michigan Legislature
  16. MCL 765.6b(4)–(5) — Michigan Legislature
  17. MCL 771.3(4) — Michigan Legislature
  18. MCL 764.15(1)(g) — Michigan Legislature
  19. MCL 691.1805(2)(a)–(i); MCR 3.716(A)(2) — Michigan Legislature
  20. MCL 691.1805(1), (8); MCR 3.716(A)(1), (F); MCR 3.720(D); MCL 600.2529(1)(a) — Michigan Legislature
  21. MCL 691.1809(1)(k), (2); MCR 3.718(A)(3); MCR 3.719(A)(12) — Michigan Legislature
  22. MCL 691.1817; MCR 3.720(B)(1) — Michigan Legislature
  23. MCL 691.1809(1)(a)–(c) — Michigan Legislature
  24. MCL 691.1819(1)(a)–(c) — Michigan Legislature
  25. MCL 772.1; MCL 772.2; MCL 772.3; MCL 772.4(1)–(2) — Michigan Legislature
  26. MCL 772.13a; MCL 772.14; MCL 772.14a — Michigan Legislature
  27. MCL 600.2950; MCL 600.2950a(1); MCL 600.2950a(2) — Michigan Legislature
  28. MCL 600.1021(1)(k) — Michigan Legislature
  29. MCL 600.2950(9); MCL 600.2950a(9); MCR 3.705(A)(4); MCR 3.706(D) — Michigan Legislature
  30. MCR 3.707(A)(1)(a) — Michigan Courts
  31. MCR 3.707(A)(1)(b); MCL 600.2950(13); MCL 600.2950a(13) — Michigan Courts
  32. MCR 6.106(H)(2) — Michigan Courts
  33. MCR 3.207(A), (B)(3); MCR 3.703(A) — Michigan Courts
  34. MCL 552.14; MCR 3.207(A); MCR 3.703(A) — Michigan Courts
  35. People v Mysliwiec, 315 Mich App 414, 417–418, 420 (2016); MCL 600.1701(g) — Michigan Judicial Institute, Domestic Violence Benchbook
  36. MCL 600.2950(23); MCL 600.2950a(23); MCL 750.411h(5); MCL 750.411i(6) — Michigan Legislature
  37. MCL 691.1801; 2023 PA 38 — Michigan Legislature
  38. MCL 691.1801 et seq.; MCL 691.1805(2); MCL 691.1807(1) — Michigan Legislature
  39. In re Kabanuk, 295 Mich App 252, 253, 256–258 (2012) — Michigan Judicial Institute, Domestic Violence Benchbook

This page is general legal information about Michigan law, published by the office of Attorney Shawn Haff. It is not legal advice and reading it does not create an attorney-client relationship. Laws change and every case turns on its own facts — check the sources linked above and talk to a licensed Michigan attorney about your situation. If you are in danger, call 911. The National Domestic Violence Hotline is 1-800-799-7233.

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