What Happens if You Violate a Restraining Order in Michigan?

When you violate a restraining order, you are actively disobeying a court order and making yourself vulnerable to a variety of legal repercussions. It is crucial that you understand your legal obligations when a protective order has been taken against you. For more information and to learn about the penalties of a violation, reach out to an Upper Peninsula criminal defense lawyer today.

What is a Restraining Order?

A restraining order is a court-issued order that protects an individual who has experienced abuse from another person. Formally referred to as a PPO (Personal Protection Order) in Michigan, these documents can prohibit the restrained person from coming within a certain distance of the victim’s home, work, or other places, threatening the victim, buying or owning a firearm, stalking or contacting the victim in any way, or any other actions that could make the victim reasonably afraid for their safety.

What Happens if You Violate a Restraining Order in MI?

If you violate the terms of a restraining order, you can face significant legal repercussions, starting with the petitioner calling the police on you. First, it must be determined whether you were served with the PPO. If you had not been served with the PPO at the time of the violation, the police should inform you or give you a copy of the order. You must obey the order immediately after learning about it; otherwise, you can be arrested.

If you had been served with the PPO or you refused to obey after learning about it, you would be arrested. You will then attend a hearing or arraignment within 24 hours of your arrest. The judge will inform you of the alleged violation and that you are being charged with contempt. You will be informed of your rights and appointed a lawyer if you need one.

If you plead guilty to a PPO violation, the judge will determine your sentence. If you do not plead guilty, the court will schedule a violation hearing where both you and the plaintiff will present evidence, cross-examine witnesses, and plead your case. If the petitioner shows that you willfully disobeyed the PPO beyond a reasonable doubt, you will be found guilty of criminal contempt.

What Are the Penalties for Violating a Restraining Order?

The penalties for violating a restraining order will vary depending on the details of the situation and offense. According to MCL 764.15b, when an individual is found guilty of criminal contempt, the judge can sentence them to a term of imprisonment of up to 93 days and fines of up to $500. In addition, the judge can impose more protections for the petitioner, meaning that the protective order will become stricter.

It is also possible that in the course of violating the restraining order, you committed another criminal offense. For example, if your violation included physically assaulting the plaintiff, stalking them, etc., you could be facing new criminal charges. In addition to the penalties for contempt, you will be subject to the repercussions of your new conviction.