What Happens If a No-Contact Order Is Violated in Michigan

A defendant who violates a no-contact bond condition in Michigan can be arrested on the spot, without a warrant.^[1] The defendant must then be brought before the court within one business day, and the court can revoke the release order, forfeit the bail, impose new conditions and punish the violation as contempt.^[2][3][7] If the contact is itself a crime, new charges can follow as well.

If someone is violating an order that protects you and 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.^[8]

The warning the defendant was already given

When a judge releases a defendant on protective conditions under MCL 765.6b, the judge must tell the defendant, on the record or in a personally delivered writing, that a violation means the defendant "will be subject to arrest without a warrant and may have his or her bail forfeited or revoked and new conditions of release imposed," in addition to contempt penalties.^[7] The same warning is required when conditions are attached to an interim bond before arraignment.^[9]

The Domestic Violence Benchbook advises judges to warn that a violation "will result in a warrantless arrest, revocation or forfeiture of bond, and possible further prosecution for obstruction of justice or criminal contempt."^[10]

Step 1: arrest without a warrant

MCL 764.15e(1) authorizes a peace officer to arrest and take into custody, without a warrant, a defendant whom the officer has reasonable cause to believe "is violating or has violated a condition of release." The officer may also act on positive information that another officer has that reasonable cause.^[1] The violation does not have to happen in front of the officer.

Police can check for the order. The judge must direct that a release order with protective conditions be entered into the Law Enforcement Information Network (LEIN).^[11]

The statute speaks only of a defendant who is violating or has violated a condition. It contains no exception for contact that the protected person started or agreed to.^[1][12] That issue is covered in When the protected person wants contact.

Step 2: the complaint and the first court appearance

After the arrest the officer must prepare a "complaint of violation of conditional release." If the arrest took place in the judicial district of the court that set the conditions, the defendant must be brought before that court within one business day to answer the charge of violating the conditions of release. If the arrest took place elsewhere, the defendant is brought within one business day before the district or municipal court where the violation occurred, which determines conditions of release and promptly transfers the case to the original court.^[2]

The court must give priority to these cases when the defendant is in custody or when the defendant's release would present an unusual risk to the safety of any person.^[12]

Can the defendant be released before seeing the judge?

Sometimes. If, in the opinion of the arresting police agency or the officer in charge of the jail, it is safe to do so, the defendant may be released on an interim bond of not more than $500 that requires an appearance at the opening of court the next business day. If the defendant is instead held for more than 24 hours without being brought before the court, the officer in charge of the jail must note in the jail records why release was not safe.^[13]

Step 3: what the court can do

Consequence	Authority
Revoke the release order	If the defendant has failed to comply with the conditions of release, the court may issue an arrest warrant and enter an order revoking the release order.[3]
Forfeit the bail	The same order may declare the bail money deposited or the surety bond forfeited. If the defendant does not appear and surrender within 28 days after the revocation date, the court may enter judgment for up to the full bail amount plus costs.[3]
Impose new, stricter conditions	The statute's warning includes "new conditions of release imposed."[7] These can include electronic monitoring in a domestic violence case.[14]
Punish the violation as criminal contempt	A court's bond decision is a court order, and violating a bond condition is punishable by contempt.[4] Except as otherwise provided by law, the general contempt statute allows a fine of not more than $7,500, imprisonment of not more than 93 days, or both.[15]

The hearing and revocation procedures for these cases are governed by the Michigan Supreme Court's rules.^[12] How a particular court conducts the hearing, and how soon, differs from court to court.

New criminal charges that can come from the contact itself

A bond violation is one thing; the contact may be a second thing. Depending on what happened, the prosecutor can file new charges.

• Aggravated stalking. A person who engages in stalking is guilty of aggravated stalking if at least one of the actions violates a condition of pretrial release.^[5] 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 requires a course of conduct of two or more separate acts involving repeated or continuing harassment, so a single contact is not stalking.^[16] See Aggravated stalking.
• Witness intimidation or interference. It is a felony to discourage or attempt to discourage a person, by threat or intimidation, from attending or testifying at an official proceeding, or to influence testimony that way. The basic penalty is up to 4 years in prison or a fine of up to $5,000, or both, and up to 15 years or a fine of up to $25,000, or both, if the violation involves committing or attempting to commit a crime or a threat to kill or injure any person or to cause property damage.^[17] See Witness tampering and pressuring a victim not to testify.
• Contempt for threatening a witness. Threatening a complaining witness in a criminal case may be punished as contempt of court.^[18]
• Tampering with a tether. Knowingly removing, destroying or circumventing an electronic monitoring device worn as a condition of bond is a felony punishable by up to 2 years in prison or a fine of up to $4,000, or both.^[19]
• A new assault. A person arrested without a warrant for domestic assault under MCL 764.15a may not be released on an interim bond set by police and is held until arraignment or until a judge or magistrate sets interim bond; that rule applies to a new arrest of that kind.^[20]

Effects on the original case

A violation can change the course of the underlying case. Threats against the victim or the victim's immediate family are grounds for the prosecutor to move to revoke bond.^[21] In a felony case, violating bond conditions after a plea is accepted but before sentencing is "misconduct" under the plea rule, and a defendant who commits misconduct is not entitled to withdraw the plea when the court declines to follow a sentence agreement.^[22]

Messages and call logs from an alleged violation can also become evidence. How electronic messages are used at trial is covered in Text messages and social media evidence.

How this compares with PPO and probation violations

Order violated	How it is enforced
Bond no-contact condition	Warrantless arrest, court within one business day, revocation or forfeiture of bail, contempt.[1][2][3][4]
Personal protection order	Criminal contempt: up to 93 days in jail and a fine of up to $500.[23] See PPO violation penalties.
Probation no-contact condition	A protective condition of probation is entered into LEIN.[24] See Probation violations.
Another state's bond or probation no-contact order	Michigan may enforce a qualifying out-of-state conditional release or probation order; violating one is a misdemeanor punishable by up to 93 days and $500.[25]

If you are the protected person

You are not required to prove the violation yourself. Practical steps that help: keep the messages, voicemails or call logs; write down dates and times; and report the contact to the police agency or the prosecutor's office handling the case.

The law gives you some specific tools. In a misdemeanor domestic assault case, the investigating agency must promptly notify the victim of the defendant's arrest or pretrial release, or both, if the victim has asked for that information.^[26] The prosecutor may ask the court to revoke bond on credible evidence of threats or intimidation.^[21] If electronic monitoring is ordered under MCL 765.6b(6), the court must instruct the entity monitoring the defendant's position to notify the proper authorities if the defendant violates the order.^[14] A bond order does not restrain the protected person, and a criminal court cannot issue a mutual order.^[10]

If you are accused of a violation

An accusation is not a finding. The court decides whether the defendant "failed to comply with the conditions of release."^[3] Under the court rules a defendant is entitled to a lawyer's assistance at all court proceedings.^[27] Accidental encounters, messages sent by someone else, and disputes about what the order covered are the kinds of facts a lawyer will want to know. If the order's terms are unworkable, the remedy is a motion to change them; see How to change or lift a no-contact order.