What Happens If You Violate a Domestic Violence Protection Order?

What Happens If You Violate a Domestic Violence Protection Order?

When you’re facing a Domestic Violence Protection Order (PPO) in Michigan, it can feel like your entire life is hanging by a thread. One wrong move, even an accidental one, can land you in jail, cost you hundreds in fines, and permanently stain your reputation. We get it. At Lucido & Manzella, we’ve spent over 25 years helping people in your position defend themselves against PPO violations. We’ve seen how fast things can spiral from a misunderstanding to a criminal charge.

If you’re unsure what counts as a violation or what happens if you violate your order, keep reading. Here’s what you need to know to avoid further trouble.

What Constitutes a PPO Violation?

Michigan law is strict about what actions violate a protection order. Any behavior specifically prohibited in your PPO can result in criminal charges, including:

Physical contact or threats: This includes assault, battery, or any physical harm toward the protected person. Even threats made through third parties can count as violations.

Prohibited contact: Phone calls, text messages, emails, social media interactions, or any form of communication, even if the protected person initiates contact first. Remember, only you can violate the order.

Location restrictions: Entering the protected person’s home, workplace, or other specified locations. This applies even if you have legitimate business at these locations.

Firearm violations: Purchasing or possessing firearms while subject to a PPO is a federal crime and a state violation.

The key point many people miss is that intent doesn’t matter under Michigan law. Accidentally running into the protected person at a grocery store can still result in violation charges if the PPO prohibits contact.

Immediate Consequences: Arrest and Court Appearance

When police believe you’ve violated a PPO, they can arrest you immediately without a warrant. This differs from most other crimes, where officers typically need to witness the violation or obtain a warrant first.

Once arrested, you must appear in court within 24 hours for an arraignment. During this hearing, the judge will inform you of the specific violation allegations and your legal rights. The court may also set bond, though judges often consider public safety when determining whether to release you before trial.

If you’re not arrested immediately, the protected person can file a motion to show cause, leading to a court hearing within 72 hours (unless extended by court motion).

Legal Penalties: Jail Time and Fines

PPO violations in Michigan carry significant penalties. For most violations, you face:

• Up to 93 days in jail
• Fines up to $500
• Both jail time and fines are at the judge’s discretion

These penalties apply per violation, meaning multiple violations can result in consecutive sentences. Additionally, a violation creates a permanent criminal record that can affect employment, housing, and other opportunities.

Impact on Other Legal Cases

PPO violations don’t exist in a vacuum. If you’re involved in divorce or child custody proceedings, a violation can severely damage your case. Family court judges view PPO violations as evidence of poor judgment and potential danger to family members.

The violation can influence:

• Child custody decisions
• Visitation rights
• Property division in divorce cases
• Spousal support arrangements

These collateral consequences often prove more damaging than the criminal penalties themselves.

Getting Legal Help: Why You Need an Attorney

PPO violation charges require immediate legal attention. An experienced attorney can examine your case for potential defenses, including:

Lack of proper service: You cannot violate an order you haven’t received or been made aware of.

False accusations: Sometimes, protected persons make false claims due to ongoing disputes or custody battles.

Accidental contact: While not always a complete defense, demonstrating accidental contact can help reduce penalties.

Constitutional violations: Improperly issued PPOs or violations of your due process rights can provide grounds for dismissal.

Insufficient evidence: The prosecution must prove beyond a reasonable doubt that you willfully violated the order.

Take Action Now

PPO violations carry serious consequences that extend far beyond criminal penalties. These charges can destroy your reputation, impact your family relationships, and limit your future opportunities.

If you’ve been accused of violating a domestic violence protection order, don’t wait—contact Lucido & Manzella immediately. Our experienced attorneys understand the complexities of PPO cases and will fight to protect your rights. Your future depends on the decisions you make right now.