Charged with violating a personal protection order in Kent County? Start with what the order says and what you knew
A PPO violation charge in Grand Rapids, Kentwood, Wyoming or anywhere else in Kent County usually starts with a call to police. The person who got the order says you texted, showed up, drove past, sent a message through a friend or appeared at a child exchange. Officers check the order, and if they have reasonable cause to believe you violated it, they can arrest you without a warrant. In Michigan a violation can be prosecuted as criminal contempt of court under MCL 600.2950(23) and MCL 600.2950a(23), with up to 93 days of incarceration and a fine of up to $500. The same conduct can also be charged as a separate crime, including stalking and aggravated stalking. Many of these cases depend on what the order actually prohibits, whether you knew about it, and what the messages, call logs and witnesses really show.
The short answer. Violating a personal protection order can be prosecuted as criminal contempt. A guilty finding carries up to 93 days of incarceration and a fine of up to $500. MCL 600.2950(23); MCL 600.2950a(23); MCR 3.708(H)(5)(a). Police can arrest you without a warrant when they have reasonable cause to believe a valid order was violated, you must be brought before a judge within 24 hours, and the hearing must be held within 72 hours of the arrest unless the court extends it on a motion by you or the prosecutor. MCL 764.15b(1), (2). There is no jury, and the prosecutor must prove the violation beyond a reasonable doubt. MCR 3.708(H)(1), (3). The same conduct can also be charged as stalking or aggravated stalking. Do not contact the person named in the order, even if that person contacts you. The order binds you, and only the court can change it. Do not explain yourself to police before you talk to a lawyer.
I am Mitchell Bisson, a Grand Rapids criminal defense lawyer. I have litigated for over 15 years, and I prepare every PPO violation case as if the hearing will be contested. I pull the order, the proof of service, the messages and the call logs before the first hearing. Big-Firm Power. Street-Level Grit.
This page covers how Michigan PPO violation cases work: the penalties, the arrest and hearing deadlines, what the prosecutor must prove, the stalking charges that can follow, how I defend these cases, and how to ask the court to change or end a PPO. It goes deeper than my Grand Rapids criminal defense lawyer page. If the order came out of a domestic assault allegation, see my Grand Rapids domestic violence lawyer page. Nothing here predicts how your case will end, and I do not promise outcomes. I do promise to tell you where you stand.
Michigan PPO violation charges and penalties
These are the maximums in the statutes and court rules. The exposure in your case depends on the facts, your record and the judge. This page is about adult respondents, meaning 18 and older. The law is not consistent about 17-year-olds. The PPO statutes set the criminal contempt penalty for a respondent 17 or older, MCL 600.2950(23); MCL 600.2950a(23), but MCL 764.15b(1)(c) uses 18, and MCR 3.708(A)(2) sends enforcement against a respondent under 18 to the juvenile court rules. If the respondent is 17, tell me right away, because the forum and the penalty both depend on it.
| Charge or proceeding | Level | Maximum penalty | Authority |
|---|---|---|---|
| Violating a personal protection order, adult respondent (18 or older) | Criminal contempt | Up to 93 days of incarceration and a fine of up to $500 | MCL 600.2950(23); MCL 600.2950a(23); MCR 3.708(H)(5)(a); MCL 764.15b(1)(c)(i) |
| Violating a personal protection order, found to be civil contempt | Civil contempt | A fine or imprisonment under the contempt statutes, plus any added conditions on the PPO | MCR 3.708(H)(5)(b) |
| Stalking | Misdemeanor | Up to 1 year in jail, a fine of up to $1,000, or both | MCL 750.411h(2)(a) |
| Stalking when the victim was under 18 at any time during the course of conduct and the person is 5 or more years older | Felony | Up to 5 years in prison, a fine of up to $10,000, or both | MCL 750.411h(2)(b) |
| Aggravated stalking, including stalking that violates a restraining order of which the person had actual notice | Felony | Up to 5 years in prison, a fine of up to $10,000, or both | MCL 750.411i(2)(a), (3)(a) |
| Aggravated stalking when the victim was under 18 at any time during the course of conduct and the person is 5 or more years older | Felony | Up to 10 years in prison, a fine of up to $15,000, or both | MCL 750.411i(3)(b) |
Contempt and a new crime together. The PPO statutes say the contempt penalty may be imposed in addition to a penalty for another criminal offense that arises from the same conduct. MCL 600.2950(23); MCL 600.2950a(23). The stalking statutes say the same in the other direction: their penalties may be added to a penalty for contempt arising from the same conduct. MCL 750.411h(5); MCL 750.411i(6). One incident can mean a contempt case and a separate criminal case.
Probation and conditions. A court may place a person convicted of stalking on probation for up to 5 years. For aggravated stalking, probation may be ordered for any term of years, but not less than 5 years. Conditions can include no contact with the victim and an evaluation for counseling at the person’s own expense. MCL 750.411h(3); MCL 750.411i(4).
Firearms. A PPO can restrain a person from purchasing or possessing a firearm. If your order says so, having a gun is a violation. MCL 600.2950(1)(e); MCL 600.2950a(26); MCL 764.15b(1)(b)(vi).
How a PPO violation case starts
The order. A domestic relationship PPO is issued under MCL 600.2950(1) against a spouse, a former spouse, a person with whom the petitioner has a child in common, a person in a current or past dating relationship, or a person who lives or lived in the same household. A non-domestic PPO is issued under MCL 600.2950a(1), (2), mainly for stalking and sexual assault situations. Either kind must list each type of conduct enjoined and state an expiration date on its face. MCL 600.2950(11)(c), (d); MCL 600.2950a(11)(c), (d).
Arrest without a warrant. A peace officer may arrest without a warrant when there is reasonable cause to believe that a valid PPO was issued, that you violated it by conduct the order specifically restrains, and that the order states on its face that a violation brings immediate arrest and criminal contempt. MCL 764.15b(1).
Notice before arrest. If you were never served, the officer who responds to the call must serve you with a copy of the order or tell you that it exists, what conduct it bars, what the penalties are and where to get a copy. If you have not received notice, you must be given an opportunity to comply before the officer makes a custodial arrest. A failure to comply right away is grounds for an immediate arrest. MCL 600.2950(22); MCL 600.2950a(22).
First appearance within 24 hours. A person arrested for a PPO violation must be brought before the family division of circuit court within 24 hours. The court sets a time for the hearing, which must be held within 72 hours of the arrest unless the court extends it on a motion by you or by the prosecutor. The court also sets a reasonable bond. If a circuit judge is not available, a district court sets bond and orders you to appear in circuit court. MCL 764.15b(2), (3). The court may decline bond if it finds release will not reasonably ensure the safety of the people named in the order, and any bond can carry conditions, including continued compliance with the PPO. MCR 3.708(F)(1)(a), (b).
Show cause proceedings. If you are not arrested, the petitioner can file a motion with an affidavit asking the court to find you in contempt. If the motion shows a basis for contempt, the court either orders you to appear and answer the charge or issues a bench warrant. The motion must be personally served on you at least 7 days before the hearing, and there is no filing fee. MCR 3.708(B).
Who prosecutes. The prosecuting attorney prosecutes the contempt unless the petitioner hires a private lawyer for it. The prosecutor can also decide that the order was not violated or that prosecuting would not be in the interest of justice. MCL 764.15b(7); MCR 3.708(G).
A time limit the court misses does not end the case. The arrest statute says a court may not rescind a PPO, dismiss a contempt proceeding or impose another sanction because of a failure to meet the time limits in that section. MCL 764.15b(8).
A related criminal charge. If the alleged violation is also a separate criminal offense, the prosecutor can ask the court to postpone the contempt hearing until the outcome of that prosecution. MCR 3.708(F)(1)(c). Whatever you say in one case can be used in the other, so talk to me before you testify or make any statement.
What the prosecutor has to prove
The hearing. There is no right to a jury trial. You do have the right to be present, to present evidence and to examine and cross-examine witnesses. The rules of evidence apply. The petitioner or the prosecutor must prove criminal contempt beyond a reasonable doubt, and civil contempt by clear and convincing evidence. The judge must state findings of fact and conclusions of law on the record or in a written opinion. MCR 3.708(H)(1) to (4). You are entitled to a lawyer, and if the court might sentence you to jail and you cannot afford one, the court or the local appointing authority will appoint one at public expense. MCR 3.708(D)(3).
A willful violation, clearly shown. Michigan courts describe criminal contempt as requiring a willful disregard or disobedience of a court order, with the contempt clearly and unequivocally shown. In re Contempt of Rapanos, 143 Mich. App. 483, 488 (1985). That is why what you knew, what the order says, and whether the conduct was deliberate matter.
A valid order that covers the conduct. The prosecutor needs an order that was in effect on the date of the alleged violation and that actually bars what you are accused of doing. I check the dates, the expiration date, any modification and the list of conduct enjoined. A PPO is effective and immediately enforceable once a judge signs it, and the clerk must send it to the designated agency for entry into the law enforcement information network without waiting for proof of service. MCL 600.2950(9), (15), (17); MCL 600.2950a(9), (15), (17).
Notice. A person who has not been served must be told about the order and given a chance to comply before an arrest, as described above. For aggravated stalking, the Court of Appeals has held that “actual notice” of a PPO does not require formal service, and that knowledge can be inferred from what a person said and did. People v. Threatt, 254 Mich. App. 504, 506-07 (2002). So not being served can matter, but it is rarely the whole defense.
Your conduct, not theirs. The Court of Appeals has said that in deciding whether a PPO was violated, the focus is on the behavior of the person the PPO is held against, not the behavior of the person who holds it. In re Kabanuk, 295 Mich. App. 252, 258 (2012). So “they contacted me first” does not excuse contact. What actually happened, who approached whom and whether you did something the order bars are still questions of fact, and I test them.
When a PPO violation becomes a stalking charge
Stalking. Stalking is a willful course of conduct involving repeated or continuing harassment of another person that would cause a reasonable person to feel terrorized, frightened, intimidated, threatened, harassed or molested, and that actually causes the victim to feel that way. A course of conduct is a pattern of 2 or more separate noncontinuous acts that show a continuity of purpose. MCL 750.411h(1)(a), (e). Harassment does not include constitutionally protected activity or conduct that serves a legitimate purpose. MCL 750.411h(1)(d).
Aggravated stalking. Stalking becomes a felony if any of these applies: at least one of the acts violates a restraining order of which you had actual notice, or an injunction; at least one violates a condition of probation, parole, pretrial release or release on bond pending appeal; the course of conduct includes a credible threat against the victim, a family member or a person in the household; or you have a prior conviction for stalking or aggravated stalking. MCL 750.411i(2).
The presumption. If you keep making unconsented contact after the person asks you to stop and to avoid further contact, the law presumes that the continued contact caused the person to feel terrorized, frightened, intimidated, threatened, harassed or molested. The presumption can be rebutted. MCL 750.411h(4); MCL 750.411i(5). This is one more reason not to answer a message from someone who has a PPO against you.
Consequences beyond the sentence
Jail and a criminal finding. Criminal contempt is a criminal finding of guilt, and the sentence is incarceration of up to 93 days. A stalking conviction is a misdemeanor or a felony. Aggravated stalking is a felony.
Bond conditions and new orders. If you are released on bond before the hearing, the conditions can include staying in compliance with the PPO, and a second violation can bring a new arrest. MCL 764.15b(1); MCR 3.708(F)(1)(b). The petitioner can also ask to extend the PPO, and that motion must be filed no later than 3 days before the order expires. MCR 3.707(B)(1). A late motion does not stop the petitioner from starting a new case.
Firearms and licenses. Entry of a PPO may affect eligibility for a federal firearms license. The Court of Appeals pointed to that risk in a case where the respondent earned his living building firearms. Hayford v. Hayford, 279 Mich. App. 324, 325 (2008). If you carry a weapon for work, are a law enforcement officer or are a corrections employee, tell me at the consultation. The clerk must notify certain employers when the pleadings identify the respondent as a law enforcement officer or a corrections employee, and special hearing deadlines apply. MCL 600.2950(14), (15); MCL 600.2950a(14), (15).
Jobs and parenting. A PPO can bar contact at your workplace or school and can restrict removing children from the person who has legal custody, except as a custody or parenting time order allows. If your job, school or parenting time depends on how this ends, tell me early. MCL 600.2950(1)(d), (g); MCL 764.15b(1)(b)(ii).
How to ask the court to change or end a PPO
The 14 day window. If the PPO was issued ex parte, meaning without notice to you, you can file a motion to modify or terminate it and request a hearing within 14 days after you are served or receive actual notice. After that, you need to show good cause. MCR 3.707(A)(1)(b); MCL 600.2950(13).
The hearing. The court must schedule and hold the hearing within 14 days after the motion is filed. If the respondent is a police officer, corrections employee or another person who is required to carry a weapon for work, the court must schedule the hearing within 5 days. The statute ties that deadline to a PPO that prohibits firearms, and the court rule does not. You must serve the motion and notice of hearing at least 7 days before the hearing date, and there is no motion fee. MCR 3.707(A)(1)(c), (A)(2), (D); MCL 600.2950(14).
Who has the burden. If the PPO was issued without notice to you, the petitioner has the burden of justifying its continuation at a hearing on your motion to terminate it. Hayford v. Hayford, 279 Mich. App. 324, 326 (2008); Pickering v. Pickering, 253 Mich. App. 694, 698-99 (2002); MCR 3.310(B)(5). The petitioner also bears the burden of showing reasonable cause for the PPO in the first place.
If the other person wants it ended. The petitioner can file a motion to modify or terminate at any time. MCR 3.707(A)(1)(a). Until the judge rules, you must follow the order as written. If there is a violation charge pending, talk to me before you testify at a termination hearing, because your testimony can be used in the other case.
How I defend a PPO violation charge
The order itself. I get a certified copy and read it line by line against the accusation: who is protected, what conduct is enjoined, which dates apply, whether it was modified or extended, and whether it had expired. Some charges depend on a reading of the order the text does not support.
Service and notice. I check the proof of service or proof of oral notice, the law enforcement information network entry, and what the responding officer told you and when. If the officer did not give you the required chance to comply before arresting you, I raise it.
The proof of contact. A screenshot does not prove who typed a message. I ask for the original messages, the phone records, the account information and the time stamps, and I look at who started the exchange and whether you or someone else used the device. Do not delete anything, and do not message the person to explain.
The witness. In a contested hearing the judge decides the facts. I cross-examine on the details: where each person was, who approached whom, what was said and whether the account has changed over time.
Willfulness. A shared workplace, a school event, a child exchange or a chance meeting in a store raises different questions from a text message or a visit to a home. I look at whether the conduct was deliberate and whether you left.
The related criminal charge. If you are also charged with stalking or aggravated stalking, I look at whether the state can show a course of conduct of 2 or more separate acts, whether the contact was unconsented, whether protected or legitimate conduct is being counted as harassment, and whether the presumption applies.
What you said. A statement you gave to an officer can be offered against you. A statement you made is not hearsay when the other side offers it against you. MRE 801(d)(2). I find out what you said, to whom, and whether it was recorded. Do not explain or argue your side to police.
Ways a PPO violation case may end
Whether any of these is available depends on the facts, your record, the prosecutor and the judge. None is automatic.
Dismissal or a not guilty finding. If the evidence does not show a violation of the order beyond a reasonable doubt, the case can end without a finding of guilt. The prosecutor can also decide that the order was not violated. MCL 764.15b(7).
A negotiated resolution. If you plead, the court must speak to you directly, explain that you give up a contested hearing, state the maximum possible jail sentence, confirm the plea is voluntary and establish a factual basis. MCR 3.708(E). Whether a prosecutor offers anything is a negotiation, and I do not assume it.
Ending or changing the order. The petitioner can file a motion to modify or terminate the order at any time, and the court decides. MCR 3.707(A)(1)(a). On a finding of civil contempt, the court can also add conditions to the PPO. MCR 3.708(H)(5)(b).
What happens after a PPO violation arrest
- The report and arrest. Police respond to a call, check the order on the law enforcement information network and arrest you if they have reasonable cause to believe you violated it.
- Jail and first appearance. You are brought before a judge within 24 hours. The judge sets bond and a hearing date.
- The advice of rights. At your first appearance in circuit court the judge must tell you the alleged violation, your right to contest it and your right to a lawyer.
- The hearing. A hearing on the violation must be held within 72 hours after the arrest unless the court extends it on a motion by you or the prosecutor. MCL 764.15b(2)(a); MCR 3.708(F)(1)(a). If you plead guilty, the court must follow MCR 3.708(E). Otherwise the court hears evidence.
- A separate criminal case, if any. If stalking or another crime is charged, that case moves on its own track, and the prosecutor can ask to postpone the contempt hearing for it.
- Resolution. The case can end in dismissal, a not guilty finding, a plea or a sentence of up to 93 days.
For how a Kent County criminal case moves from arrest through bond, arraignment and the preliminary examination, see my page on what happens after an arrest in Kent County.
Where your Kent County PPO violation case will be heard
I represent clients charged in Grand Rapids, Kentwood, Grandville, Wyoming and across Kent County. PPOs are issued by the family division of circuit court, and a contempt case for a violation is heard there. In Kent County that is the Kent County Circuit Court, the 17th Circuit. The family division of circuit court in any county can hear a contempt case based on a PPO issued by a court in any county, and the court that issued the order may ask that you be returned to it. MCL 764.15b(5). A separate stalking charge starts in district court like other crimes. In Grand Rapids that is the 61st District Court. Other Kent County communities are served by the 59th District Court in Walker and Grandville, the 62A court in Wyoming, the 62B court in Kentwood and the 63rd District Court, which covers Rockford, Lowell, Cedar Springs, East Grand Rapids and the surrounding townships. Misdemeanor stalking stays in district court. If aggravated stalking is charged and bound over, it moves to the Kent County Circuit Court.
Why people hire me as their Michigan PPO violation lawyer
You deal with the lawyer handling your case from the first call to the last day. I give you the strengths and weaknesses of the case straight, including what a finding of guilt would mean for your freedom, your job, your firearm rights and your record. I build the case the facts support, and then we decide together how to proceed.
Fees depend on the charge, its complexity and whether the case is likely to go to a contested hearing or trial. I explain my fee arrangement at the consultation, before you decide whether to hire me.
Questions I hear from people accused of violating a PPO in Kent County
What is the penalty for violating a PPO in Michigan?
An adult who refuses or fails to comply with a personal protection order is subject to the court’s criminal contempt powers. (The PPO statutes say 17 or older, but MCL 764.15b(1)(c) says 18, and MCR 3.708(A)(2) sends respondents under 18 to the juvenile rules.) If found guilty, the sentence is incarceration of up to 93 days, and the court may add a fine of up to $500. The same conduct can also be charged as a separate crime, such as stalking or aggravated stalking, and those penalties can be added. A civil contempt finding carries a fine or imprisonment under the contempt statutes.
Can police arrest me for violating a PPO if I was never served?
Yes, in some cases. A PPO is effective and enforceable once a judge signs it. But if you have not been served, the officer must serve you or tell you the order exists, what it bars and what the penalties are, and must give you a chance to comply before a custodial arrest. If you do not comply right away, you can be arrested. For aggravated stalking, actual notice does not require formal service. Not being served helps in some cases and does not help in others, so I look at what you were told and when.
Is it a violation if the person who got the PPO contacts me first or says it is okay?
It can be. The PPO restrains you, and the court looks at your behavior, not the behavior of the person who holds the order. The petitioner can ask the court to change or end the order, but the order stays in force until the judge rules. Do not rely on a text or a conversation as permission. That said, who started a contact and what really happened are still facts I test at the hearing.
Do I have a right to a lawyer or a jury at a PPO violation hearing?
You have the right to a lawyer. The court must tell you that at your first appearance, and if it might sentence you to jail and you cannot afford a lawyer, it will appoint one at public expense. There is no right to a jury trial. The judge decides, the rules of evidence apply, and criminal contempt must be proven beyond a reasonable doubt. You can present evidence and cross-examine witnesses.
Can a PPO violation lead to a stalking charge?
Yes. Stalking requires a willful course of conduct of repeated or continuing harassment. If one of the acts violates a restraining order you had actual notice of, it is aggravated stalking, a felony with up to 5 years in prison. If you keep making unconsented contact after being asked to stop, the law presumes the contact caused the person to feel terrorized, frightened, intimidated, threatened, harassed or molested, though you can rebut it. Constitutionally protected activity and conduct with a legitimate purpose are not harassment.
How do I get a PPO against me changed or ended?
File a motion to modify or terminate. If the PPO was issued without notice to you, do it within 14 days after you are served or learn of the order. After that you need good cause. The court must schedule and hold a hearing within 14 days of the motion, and if the order was issued without notice to you, the petitioner has the burden of justifying it at that hearing. Until the judge rules, you must follow the order.
Related Michigan pages
For a wider look at charges in Kent County, see my Grand Rapids criminal defense lawyer page. If the order came out of a domestic call or allegation, see my Grand Rapids domestic violence lawyer page. If an assault is alleged, see my Grand Rapids assault lawyer page. If you are on probation, see my Grand Rapids probation violation lawyer page. For short answers on other Michigan legal questions, see the Michigan legal FAQs page. If a finding needs to be challenged on appeal, see my Michigan appeals lawyer page. My practice also covers civil rights and business disputes, including civil rights, civil litigation and business litigation.
A PPO violation allegation can come with a stalking charge. I cover that offense on my Grand Rapids stalking lawyer page.
For short answers with the statute or court rule behind each one, see my Michigan FAQs on assault, domestic violence and stalking (including PPOs) (11 answers).
Law Offices of Mitchell S. Bisson, 2828 Kraft Ave SE, Suite 295, Grand Rapids, MI 49512, serving Kent County and West Michigan. Your Rights, My Fight!
Contact me 24/7 by text on WhatsApp. Charged with violating a personal protection order in Kent County? Call for a free initial consultation: (616) 213-3327 | MBisson@BissonLegal.com
This page provides general information about Michigan law and is not legal advice. Reading it does not create an attorney-client relationship. Laws change and every case turns on its own facts. Consult a licensed attorney about your specific situation.