What Are the Penalties for Violating a Protection Order in Michigan?

If you were issued a restraining order, it is crucial that you abide by the terms. The penalties for violating a protection order in Michigan can be severe. Continue reading for more information and work with a skilled Upper Peninsula criminal defense lawyer today.

What is a Protection Order?

In Michigan, a Personal Protection Order (PPO) is a court-issued legal mandate designed to prevent harm, harassment, or contact between two or more parties. It is a civil order intended to provide safety and prohibit specific behaviors, such as direct contact, threats, or coming within a certain distance of the protected individual’s home, workplace, or school.

Michigan mainly issues three types of protection orders:

• Domestic Relationship PPO: Issued when a person’s current or former spouse, co-parent, current or former romantic partner, or current or former household member is likely to assault, threaten, harass, or stalk them.
• Nondomestic (Stalking) PPO: Issued to protect a person from stalking or harassing behavior when there is no domestic relationship after repeated incidents of harassment.
• Nondomestic Sexual Assault PPO: Issued to protect a person from someone who has sexually assaulted them or threatened to sexually assault them when there is no domestic relationship.

The core purpose of a protection order is to offer immediate legal protection and a clear set of boundaries, enforceable by law enforcement, for victims of abuse, harassment, or stalking.

These orders can prohibit an abuser from following the victim, appearing within the victim’s sight or at their work/home, approaching or confronting the victim, calling or contacting the victim, assaulting or harming the victim, threatening the victim, buying or having a gun, and more.

How Does a Person Violate a Restraining Order?

A violation of a protection order occurs any time the restrained individual acts in opposition to the terms and conditions set forth in the order. Some examples include:

• Making direct contact with the protected individual, including in-person meetings, phone calls, text messages, or emails.
• Coming within the specified prohibited distance of the protected person’s residence, workplace, or school.
• Using a third party to communicate or harass the protected individual.
• Posting about the protected individual on social media or communicating with them indirectly online.
• Threatening, intimidating, or committing acts of physical violence against the protected person or their family members.
• Possessing a firearm or other weapon when the order explicitly prohibits it.
• Approaching or following the protected individual in public.

Violations depend on the specific terms of the protection order.

What Are the Penalties for Violating a Protection Order in MI?

A violation of a Personal Protection Order in Michigan is a serious offense that can be enforced through both civil and criminal contempt proceedings.

• Criminal penalties: A PPO violation is typically treated as a misdemeanor punishable by up to 93 days in jail and a fine of up to $500. Subsequent or repeated violations can lead to increased penalties, including longer jail sentences.
• Civil penalties (Contempt of Court): The violating party can also be held in civil contempt of court. This may result in additional sanctions imposed by the judge, such as mandated counseling, stricter terms, or further restrictions added to the PPO. The court will often issue a bench warrant for the violator’s arrest if there is a credible report of a violation.

For more information and legal advice, contact an experienced attorney today.