If your PPO request was initially denied, should you resubmit it? The best action against abusive behavior is a PPO. A spouse may reapply if the conditions for domestic abuse or violence are met and are supported by documentation, even if a PPO was previously denied. Try again if you’re rejected. PPOs must be granted by courts anywhere, whether in Michigan or any other state, when someone feels they have been mistreated or abused by a family member, domestic partner, or another person. If the PPO is denied, try again.
Click here to watch the video on Can A Spouse Ask for A PPO Again If Denied In Michigan?
An order from a judge to cease threats or violence against you is known as a personal protection order (PPO). If someone is threatening, harming, bothering, or stalking you, a PPO can assist in defending you. If you have a justifiable concern for your personal safety or liberty, you may be eligible for a PPO.
There are three types of PPOs:
- Domestic Relationship PPO
- Nondomestic (Stalking) PPO
- Nondomestic Sexual Assault PPO
Spouse In His Insanely Abusive And Absolutely Lowest Being
Since you will be dealing with a spouse, the type of PPO you need is the Domestic Relationship PPO.
To secure a domestic relationship PPO, you may need to put in effort to paint a picture in the mind of the judge of the possible harm, assault, stalking or harassment you are facing from your abuser. You must also provide evidence of your domestic relationship with the abuser.
The abuser is your domestic partner if they are:
- Your spouse, either present or former
- The other parent of your child
- Someone you currently live with or previously did
- One of your romantic relationships
A PPO for a domestic partnership may forbid the abuser from:
- Breaking into your home or another location
- Beating, abusing, assaulting, or injuring you or another person
- Threatening to harm or kill you or another person physically
- Removing your kids if you have custody of them legally
- Getting a gun or owning one
- Preventing you from transferring your children or personal belongings from a location that the abuser owns or rents
- Interfering with you at work or school, or acting in a way that damages your relationships with coworkers or your learning environment there
- Having your home/work address or phone number available in records pertaining to a child of yours both
- Following you or stalking you
- Injuring or threatening to harm an animal you own, taking the animal from you, or keeping it from you with the intent to cause you mental pain or control
- Anything else in particular that restricts your personal freedom or causes you to be fearful of violence
Although the judge will determine what your PPO would forbid, you may include specific protections in your petition.
The petition is used to provide the judge with critical information to help them decide whether to grant you the order you seek. Explain what the abuser has done to you and how you have been harmed as best you can. Try to recall the dates of seasons when the events occurred. You are not required to have police reports or other documents to obtain a PPO, but if you do, you should include them with your petition. They can assist the judge in comprehending what has occurred to you.
You Want the PPO Now Not Later
You may be concerned that the abuser will harm you if you do not obtain a PPO right away. You may be concerned the abuser will harm you if they discover you are seeking a PPO. If so, you can request an ex parte order, which is an emergency order. You won’t have to wait for a hearing if you get an ex parte order. The abuser will not know you’re requesting a PPO if you use an ex parte order.
If you do not request an ex parte order in your petition, the court will hold a hearing to determine whether you should be granted a PPO. If the judge denies your petition for an ex parte order, you can request a hearing within 21 days. In either of these cases, a copy of the petition and a notice of hearing must be delivered to the abuser.
The abuser will be able to attend the hearing and respond to the information contained in your petition. In this case, the abuser will be aware that you are seeking a PPO before you are protected by an order.
What About A “No Contact” Order?
Aside from a PPO, there is another legal order you can use to prevent your spouse from having access to your person especially if your spouse has a run in with law enforcement causing a warranty of arrest is issued.
In a criminal prosecution, a “no-contact” order is typically a bail requirement. Usually, a “no-contact” order disallows your abuser from:
- Making calls to you
- Writing to you
- Making another person contact you.
- Contacting you directly
The judge has the authority to revoke or raise the bail’s amount if the abuser disobeys a “no-contact” order that is a requirement of bond. After a condition is ordered, it can only be altered by the judge.
A PPO is still necessary even if there is a “no-contact” order in a criminal prosecution. The bond with the “no-contact” restriction will be revoked and the abuser will be permitted to get in touch with you once more if the criminal charges are dropped. If a “no-contact” order is revoked, if you have a PPO, it might shield you from the abuser.
At the Circuit Court Level This Is How to Proceed If the PPO is rejected
You may not always get the PPO on some rare occasions, but in the event it does get denied, there are avenues to do it all over again.
Here’s what you do if your PPO is denied.
[1] Ask for a hearing date and time, get in touch with the Circuit Court Clerk’s Office.
[2] Fill out and submit the Clerk’s Office Notice of Hearing on PDF Personal Protection Order Form.
[3] Fill up and submit the PDF Circuit Court Order.
[4] Organize the delivery of the Notice of Hearing, PPO Petition with Questionnaire, and Praecipe to the opposing party by:
- Personal service (can be performed by a process server or another adult). Or,
- Using certified mail & restricted delivery (send the PPO to the “respondent,” who was the target of the PPO).
What is a Praecipe?
Latin’s praecipe means “to command.” A petition is a written motion or request asking the court to take some action, most often a trial or the entry of judgment. In terms of common law, it is a writ directing a defendant to take a certain action or to provide justification for their inaction. Federal, state, and municipal laws on praecipe differ by region influence policies.
Don’t Take Chances, Always Carry Your PPO Papers In Your Person
Maintain a copy of your PPO and Proof of Service at all times. A backup copy should be stored securely. To distribute extra copies of the order to your children’s schools or daycare facilities, your employer, and other people who should be informed about it, ask the clerk of court.
Given the numerous instances of assault and stalking committed against women, this is a particular worry for them. More than 25% of women in Michigan claim to have been raped at some time in their life (this includes perpetrators who may be known or unknown to them).
Throughout Michigan, nearly 42% of women will experience rape, physical violence, and/or stalking in their lifetimes, according to a report on violence against women and children. Victims don’t always seek out legal police or medical treatment.
Your risks of being harmed by the abuser may increase if you leave an abusive relationship or seek legal counsel. It can be beneficial to prepare in advance for your protection. If you feel endangered, your safety plan may specify where you will go or who you will call. It may contain crucial contact information, an escape route, and a list of essentials to take with you when you leave the abuser.
For assistance considering your safety alternatives and creating a safety plan, get in touch with your neighborhood domestic violence organization, the Michigan Coalition to End Domestic and Sexual Violence, or the National Domestic Violence Hotline.
For as long as the conditions for abuse or possible harm exists, the PPO is a legal way to prevent someone you know, like a spouse, from inflicting harm or posing a threat to your person or your child.
If you are denied, file it again. Ask help from your attorney.
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Goldman & Associates Law Firm is here to with information about Child Custody and Divorce in the State of Michigan.