It’s critical to understand the distinctions between no-contact orders, protection orders, and restraining orders, especially for those who find themselves on the receiving end of one. These orders, while often mentioned interchangeably, serve different purposes and are governed by unique sets of laws. The nuances of each can affect not just the immediate freedom of the recipient but also have long-term legal implications.
If you or someone you know in Michigan is dealing with a no-contact order, protection order (PPO), or restraining order, it is essential to seek experienced legal counsel. A skilled Oakland County personal protection order lawyer can help clients understand their rights and tackle the legal system with confidence, particularly in the face of a restraining order violation allegation. Don’t let the weight of legal proceedings overshadow your rights. Contact Michigan Defense Law today at (248) 451-2200 for a consultation and take the first step towards a comprehensive defense strategy tailored to your unique situation.
We Only Represent Clients In Michigan
What Is the Difference Between No-Contact Orders, Protection Orders, and Restraining Orders?
Interviewer: Let’s talk about no-contact orders or protection orders, or restraining orders. How do they work, and are they all the same thing?
Paul Tafelski, Michigan criminal defense attorney: They’re not all the same thing, but they are very similar in what they actually do. A no-contact order is typically a condition of bond, and that’s set by the judge as soon as there’s a formal charge filed in almost every domestic violence case. We have had success on occasion getting judges to modify that to no assaultive contact, no abusive behavior, that kind of thing, so the parties can still reside together if they both want to. As mentioned, a no-contact is typically a bond condition, whereas a restraining order or a personal protection order is usually something that is issued in a separate action based upon somebody either threatening or stalking, or refusing to stop contacting another person, that sort of thing. And they both have the same effect of saying, person A, you’re not allowed to be anywhere near person B, and you’re not allowed to talk to them in any way. The effect of those orders is basically the same, but they are technically separate deals for separate issues.
Michigan Criminal Defense Attorneys
Paul J. Tafelski
With more than 20 years of courtroom experience, Paul Tafelski is widely regarded for his ability to guide clients through Michigan’s criminal justice system with skill and confidence. He has been consistently recognized for his legal excellence and dedication to client results.
- J.D., Detroit College of Law at Michigan State University
- Member of the Michigan and American Bar Associations
- Super Lawyers honoree (2011–2013, 2017–2021); Leading Lawyer (2017)
- Licensed in all state and federal courts in Michigan
- Known for minimizing legal consequences and helping clients move forward
David Goukassian
David Goukassian combines academic excellence with courtroom experience to deliver effective criminal defense strategies. His prior work in prosecution and judicial offices gives him valuable insight into how cases are evaluated from both sides of the bench.
- J.D., Magna Cum Laude, Western Michigan University Thomas M. Cooley Law School
- Former intern at the Genesee County Prosecutor’s Office
- Clerked for Judge Leo Bowman, Oakland County Circuit Court
- Joined Michigan Defense Law in 2019
- Fluent in Armenian, conversational in Russian
The Courts May Impose Protective Orders Regardless of the Defendant’s Preferences
Interviewer: Let’s say the alleged victim doesn’t really care either way about restraining orders or protection orders. Can the court impose them anyway?
Paul Tafelski: Yeah, they always do. They don’t ask the person whether they want it. They will ask them if the defendant is trying to remove those. They will ask them if it’s ok with them to remove them, and they usually won’t remove the no-contact order without their consent, but they almost always impose them without their consent or even their input.
It is Advisable To Avoid Contact With the Alleged Victim Once Protective Orders Have Been Issued
Interviewer: Do you ever see problems where someone tried to contact, let’s say an alleged victim tried to contact the accused, like via text or phone calls?
Paul Tafelski: Yes, it happens quite a bit, because oftentimes these people’s lives are totally intertwined and they have children together and they have business interests, and their finances are entangled and it’s pretty hard to continue their lives with no contact and so many times the complaining witness or the victim will try and contact the defendant and it doesn’t get them in any trouble, it gets the defendant in trouble because if you violate the no-contact order then they can revoke your bonds, they can jail while the case is pending.
We Only Represent Clients In Michigan
Michigan Statutes Governing No-Contact, PPO, and Restraining Orders
It can be unsettling to be served with a court order that limits your contact with another person. You likely have many questions and concerns. In Michigan, there are specific laws that govern these orders, and understanding them can help you respond appropriately.
A no-contact order is often a condition of bail or probation in a criminal case, as outlined in MCL 765.6b. If you are released from jail pending trial, the court can prohibit you from contacting the alleged victim. Violating this order can lead to your bond being revoked and new criminal charges. Courts may also impose no-contact orders during probation under MCL 771.3(1), as part of discretionary sentencing conditions.
Personal Protection Orders, or PPOs, are different because they are civil orders issued independently of criminal proceedings. Michigan law authorizes three types of PPOs: domestic relationship PPOs under MCL 600.2950, and stalking and sexual assault PPOs under MCL 600.2950a. A person does not need to file a police report or press charges to obtain one. The court can issue a PPO based on credible allegations of violence, threats, stalking, or sexual misconduct. These orders may prohibit you from contacting the petitioner, entering their home or workplace, or engaging in certain behaviors. Violating a PPO is enforced as criminal contempt of court, which carries possible jail time and fines, and allows law enforcement to arrest you immediately.
Restraining orders are also civil orders, typically issued in divorce or other family law cases. These orders are often used to prevent a party from disposing of property, interfering with children, or disrupting insurance or financial arrangements. Although they may contain no-contact provisions, they are not enforced through immediate arrest like PPOs, but rather through civil contempt proceedings initiated by the other party.
If you are facing a no-contact order, PPO, or restraining order, it is important to take it seriously. Even unintended or indirect contact, such as through social media, can be considered a violation. An attorney can help you understand the specific terms of the order against you and can represent you in court to challenge or modify the order.
A Defendant Must Be Aware of the Potential Consequences Involved When Responding to Contact Initiated by the Alleged Victim
A lot of times people think, ‘alright well, who’s going to know, I can have contact because we need to and she’s the one initiating it or he’s the one initiating it and they text each other or they talk to each other and everything’s fine and then two weeks later, three weeks later they get into another argument and the complaining witness goes and tells the prosecutor that here she’s been having contact with them and next thing you know it’s that defendant who’s having their bond revoked, not the complaining witness who did all the initiation of the contact. You have to be careful because these are very touchy situations. Sometimes things work out, and sometimes they don’t, and people have to be aware of what can go wrong.
| Type of Order | Definition | Consequences of Violation |
|---|---|---|
| No-Contact Order | A court order that prohibits contact between a defendant and a victim or witness in a criminal case. | Bond revocation, potential jail time |
| Protection Order | A court order that prohibits an individual from contacting or coming within a certain distance of another individual. | Bond revocation, potential jail time |
| Restraining Order | A court order that requires an individual to refrain from certain actions or behaviors. | Varies by state, but potential legal penalties and fines for violation |
What Happens If the Victim Initiates Contact Despite a No-Contact Order?
A no-contact order is a directive from the court to the defendant. It does not legally restrict the victim’s actions. Therefore, if the alleged victim contacts the defendant, the victim faces no legal penalty. However, if the defendant responds in any way, the defendant is in violation of the court’s order. This violation can lead to the revocation of their bond and potential jail time, regardless of who initiated the contact. It is crucial for the defendant to understand that the responsibility to cease all contact lies entirely with them.
It is worth noting that a no-contact order is typically a condition of bond that is set by the judge as soon as there is a formal charge filed in almost every domestic violence case. Judges may sometimes modify this condition to no assaultive contact, no abusive behavior, or other terms that allow the parties to still reside together if they both agree to it. However, the judge may impose a no-contact order even without the alleged victim’s consent or input. A judge also may not remove a no-contact order without the victim’s consent.
Understanding the Duration and Permanency of Personal Protection Orders vs. No-Contact Orders in Michigan
If you’re dealing with legal restrictions like a Personal Protection Order (PPO) or a no-contact order in Michigan, it’s important to know what each one means for your rights, how long it might last, and what you’re allowed to do.
A Personal Protection Order (PPO) is a civil court order meant to stop someone from threatening, harassing, or physically harming another person. There are three main types in Michigan: domestic relationship PPOs, stalking PPOs, and sexual assault PPOs. These are often filed during personal disputes, like a breakup or family issue. A PPO usually lasts for up to one year, but can be extended if the court believes the threat is still there. Once a judge signs the order, it’s enforceable right away, and any violation could lead to criminal charges, including jail time of up to 93 days and fines.
A no-contact order, on the other hand, usually comes from a criminal case. If you’ve been arrested or charged with something like assault or domestic violence, the judge might include a no-contact condition as part of your bond or probation. It means you cannot call, text, show up at the other person’s house, or try to communicate through someone else. Violating it can result in serious consequences, including jail, especially if you’re already out on bond or serving a sentence. Only the court can lift this kind of order, even if the other person says they want to resume contact.
It’s crucial to understand that while both orders serve to protect, they cater to different legal needs and scenarios. A Personal Protection Order is preventative, aiming to stop harm before it happens, and it’s usually filed by the person asking for protection. A no-contact order is part of a criminal case and is often imposed after an incident, with the goal of keeping things from escalating.
If you’ve been served with a PPO or are under a no-contact order, it is advisable to consult with a skilled Michigan criminal defense attorney who has experience in handling such cases. At Michigan Defense Law, attorney Paul J. Tafelski and our team of experienced criminal defense lawyers may be able to help you understand your legal rights and options, and work to protect your interests throughout the legal process. Contact us today at (248) 451-2200 to learn more about how we can help.
