How Do I Get a No Contact Order Removed? A No Contact Order can be ordered in virtually any criminal case. The Courts will invariably enter a such an order against an offender as a bond condition, or even upon conviction at the time of sentencing. In some cases, this kind of order can make it difficult when trying to resolve or repair the relationship involved. In Michigan, courts routinely issue a No Contact Order as a condition of being released or bonded for personal criminal offenses, such as Domestic Violence, Stalking, Assault, Sex Crimes, etc. For these offenses the alleged offender is prohibited from all contact or any attempt to contact the alleged victim.
For the purpose of NO CONTACT ORDERS, Contact is broadly defined as any direct or indirect contact or communication by the offender, or by the use of third-parties to contact the alleged victim. By definition, contact also includes the use of all electronic media (phone, fax, cell phone, computer) to make contact. Therefore, contact occurs if the alleged offender calls, sends an email, fax, posts something on the internet, or uses a friend to make a phone call. Any violation of a NO CONTACT ORDER can result in bond revocation and jail.
SO HOW, AND WHEN CAN THE NO CONTACT ORDER BE REMOVED? The authority for the court to impose a NO CONTACT ORDER for a Domestic Violence Case in Michigan comes from MCL 765.6b and MCR 6.106. To remove a No Contact Order, your attorney will likely file a "Motion" (formal request) to the court to modify the NO CONTACT ORDER. This Motion can be made in writing, or orally when at an Arraignment or Pretrial Conference. However, to remove the No Contact Order, the alleged victim, also known as the Complainant, is generally required to be present at the hearing. However, this must be arranged appropriately, since you are under the No Contact Order not to have contact with the alleged victim, even in order to ask them to appear. (Additional Info): NO CONTACT ORDERS The down side of this issue is that the court does not HAVE to remove or modify the No Contact Order! It's gotten much 'trickier' over the years to do so. In fact, some courts simply refuse to do it. The good news is that because of our experienced and committed counsel at PRAIN LAW, PLLC, we know what it takes... we know what to do... and we know how to do it! Having an attorney who knows Michigan Law, Michigan Courts, and the Michigan Penal System makes all the difference in your case! Call us now at (248) 731-4543, or fill out the form and we'll answer your questions, asap. HOWEVER, we only represent the accused and take action on their behalf. We do NOT offer advice or consultations to the alleged victims in a case - only the accused / Defendant. If you are the alleged victim in a case and wish to address the No Contact Order, you may wish to speak to the Prosecution.