If you are facing a Michigan Domestic Violence charge, you will be arraigned before a Judge or Magistrate. Even though you're legally presumed innocent, the Judge has the power to impose "Bond" conditions on your life while your case moves on. One such condition is a Domestic Violence No Contact Order. For those who've been accused and arrested, the Domestic Violence No Contact Order is a nasty little surprise that most people first learn about at their Arraignment. It means absolutely NO CONTACT, and if you live with your accuser, the Domestic Violence No Contact Order could even mean that you must move out of the home you own or rent. However, it is possible to have it lifted or modified . . .
Even though you're presumed innocent unless and until proven guilty beyond a reasonable doubt, the Judge's power to put Bond conditions on your life (restrictions on your freedom) comes from the Constitution, the Michigan Compiled Laws ("MCL"), and the Michigan Court Rules ("MCR"). MCR 6.106 gives the Judge the power to impose conditions reasonably necessary to ensure that you come back to Court and that you are not a danger to the community. One of those conditions is the Domestic Violence No Contact Order. In-fact, MCL 765.6b specifically allows for the Domestic Violence No Contact Order.
If you are reading this, chances are you have already appeared for Arraignment and the No Contact Order has already been imposed. Once it has, ANY communication, even a simple message could get you locked-up for quite a while. If you live with the accuser, this means you could be forced to move out and incur $1000's of dollars in hotel expenses for months. But the Court Rule on Bond also allows your attorney to prepare and file a Motion to Amend the Domestic Violence No Contact Order. Then, a hearing will follow where the attorney will give argument. Normally, this requires the presence and cooperation of your accuser.
Here's the catch: the Judge does not HAVE to remove the No Contact Order just because a Motion was made. As time goes on, it is getting trickier to get these No Contact Orders removed. In-fact, there are some Judges who simply refuse to remove the No Contact Order. Having an experienced and knowledgeable Michigan Domestic Violence Lawyer can make all the difference. Call Prain Law, PLLC anytime at (248) 731-4543, or fill-out the Contact Form