When someone is charged with domestic violence in Michigan, one of the first and most immediate consequences happens at the arraignment — the judge typically issues a No-Contact Order (NCO) between the defendant and the alleged victim. This order is automatic in most domestic violence cases and is intended to protect the alleged victim while the case is pending. However, it can also have serious consequences for the accused, especially when children or shared living arrangements are involved.
What a No-Contact Order Means
A No-Contact Order prohibits the accused from having any form of contact with the alleged victim, including:
- Direct contact, such as phone calls, text messages, emails, or in-person communication.
- Indirect contact, such as messages sent through friends, relatives, or social media.
Even a brief or seemingly harmless message can be considered a violation of the order. Violating a No-Contact Order can result in new criminal charges, bond revocation, and immediate incarceration. Judges in Michigan take these violations very seriously, and even unintentional contact can lead to severe consequences.
The Impact on Living Arrangements
If you and the alleged victim live together, the No-Contact Order means you will be forbidden from returning home until the judge modifies or lifts the order. This can be extremely difficult, particularly if you share a lease, mortgage, or family home.
The hardship becomes even greater when children are involved. A No-Contact Order can effectively prevent a parent from returning home or seeing their children if they reside with the other parent. While courts issue these orders to prevent further conflict, the impact on families can be immediate and deeply disruptive.
Why You Must Avoid Indirect Contact
Many people underestimate how broad the definition of “contact” really is. Having someone else relay a message, sending gifts, liking a post on social media, or using mutual friends to communicate can all be viewed as indirect violations. These actions may seem harmless, but to the court, they are considered the same as direct communication.
How to Modify or Lift a No-Contact Order
A No-Contact Order does not last forever. Your attorney can request that the judge modify or lift the order, especially when both parties are willing to have contact or need to communicate for the sake of their children. Judges may consider changing the order if:
- The alleged victim requests it in court;
- The prosecutor agrees to the modification; and
- The judge determines it will not pose a safety risk.
In some cases, the judge may issue a “No Assaultive Contact Order” instead. This allows limited contact as long as there are no threats, intimidation, or violence — which can help families coordinate parenting and daily responsibilities.
The Bottom Line
If you’re facing a domestic violence charge in Michigan and a No-Contact Order has been issued against you, do not take it lightly. Even accidental contact can lead to jail time and make your defense more difficult. Always work through your attorney to request changes legally, and never communicate directly with the alleged victim until the court authorizes it.
Know Your Rights:
- You have the right to legal counsel before speaking to law enforcement or the court.
- You have the right to request a hearing to modify or lift a No-Contact Order.
- Do not communicate directly or indirectly with the alleged victim while the order is active.
- Follow your attorney’s instructions carefully to avoid new charges or bond violations.
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