Domestic Violence – (248) 588-3333 – What You May Not Know About Domestic Violence
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What is a personal protection order?
A personal protection or PPO is a court issued legal order designed to protect domestic violence victims and place restrictions on domestic violence perpetrators.
How do I get a PPO?
You must file a petition with a judge. This petition will contain all of the necessary information that the judge needs to determine if you qualify for a PPO. Try your best to give a detailed description of what happened and who did it to you? Try to remember dates and times as specifically as possible. If you have any copies of police reports, you should include them with your petition.
In addition to showing a domestic relationship, you must also demonstrate to the judge that you are afraid that the target of your order is likely to stalk, harass, threaten, or assault you.
What does a PPO do for me?
A PPO is a restraining order. It legally bars the person subjected to it from certain actions and behaviors. More specifically, it bans them from:
- Entering your home or any other place that you occupy
- Assaulting, attacking, or harassing another person
- Threatening to injure or kill you or another person
- Removing any child that you have legal custody over
- Buying or possessing a firearm
- Preventing you from removing your children or personal possessions from any place owned or leased by the abuser
- Interfering with you at your school or job; or otherwise harming your career, education, or environment
- Having access to your home or work address or any telephone number associated with a child you both share
- Stalking you
- Causing mental harm or otherwise coercing you by threatening to harm or take away an animal that you own
- Any other action that interferes with your personal freedom or causes a reasonable fear of violence
Violation of a protection order is a crime. If you call the police, the violator is subject to immediate arrest. Following a violation, you can petition the court for a motion to show cause for the violation of the protection order. This will likely result in the judge punishing your abuser.
It is extremely important that you report any violation of your order. Do not allow your abuser to convince you that “things will be different”. Your order has a finite duration, allow that duration to run its course.
What happens if my abuser learns about the order before it takes effect?
This is an extremely important issue. You can and should ask for an ex-parte order. This temporary emergency order will protect without the need to have a hearing or inform your abuser. If you don’t get an ex-parte order, not only will you have to serve notice on your abuser, but a hearing will be scheduled. In that hearing, your abuser will be allowed to testify and to contest your protection order. If the judge denies your request for an ex-parte order, you can schedule a hearing within 21 days for a standard protection order.
Either way, the order becomes effective the moment the judge signs it. The order itself will state that it is effective immediately and enforceable anywhere in Michigan or the United States. It will list the prohibited actions and the consequences of violating the order. It will also contain the expiration date of the order as well as the law enforcement agency that will be enforcing it.
Is there anything else I should know about domestic violence and PPO’s?
Yes, especially if you have ever been a victim or a perpetrator of domestic violence. Under Michigan law, the police may perform a warrantless arrest of anyone if they have probable cause that domestic violence has occurred, or if they have reason to believe that person is subject to a PPO and has subsequently violated that protection order in some way. However, this warrantless arresting authority is only valid for the following suspected PPO violations:
- Entering a protected premises
- Attacking the petitioner (the person protected by the PPO)
- Threatening to kill or harm the petitioner
- Removing a minor child from their legal custodian
- Purchasing or owning a firearm
- Preventing the petitioner from removing their children or personal property from any premises owned or leased by the person restricted by a PPO
- Interfering with the petitioner at their work or school
- Stalking
This is something important to keep in mind if you are concerned about a potential hostile encounter with your abuser or if you have a record of abuse and suspect that you may be going into a situation where you may have a less than cordial encounter with the party at the other end of that particular incident.
If someone is arrested for violating the terms of a PPO, they could be charged with criminal contempt, which carries a max sentence of 93 days in jail and a $500 fine.
Help and Resources for Domestic Violence Victims
U.S. national domestic violence hotline: 1-800-799-7233
For help and resources in Michigan visit: https://www.michigan.gov/mdhhs/0,5885,7-339-71548_7261—,00.html
Or visit the MDHSS website, find the tab labeled “Safety and injury prevention” at the top of the page. Find “Domestic and Sexual violence” on the drop down menu. This will bring you to a webpage with a variety of resources including a database of shelters and other resources organized by county.
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Click link to schedule a free case evaluation:
https://app.acuityscheduling.com/schedule.php?owner=17105687&appointmentType=13607154
For more information visit our website: https://www.akivagoldman.com/
You can give us a call for a FREE phone consultation at (248) 588-3333
For additional information please click here: https://www.akivagoldman.com/michigan-family-law-attorney/domestic-violence/
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