In the United States 1 in 3 women and 1 in 4 men have experienced some form of physical violence or mental abuse by an intimate partner. In Michigan 36.1% of women and 25.8% of men experience physical violence, intimate partner rape and/or intimate partner stalking in their lives. These numbers are alarming and show that it is important to be aware and informed about domestic violence.
The people that we trust and love the most can sometimes be the people that hurt us the most. Domestic violence is such a hard topic to talk about, it involves someone who you trust betraying and taking advantage of you.
Domestic violence in Michigan is an ongoing problem, with tens of thousands of cases reported every year. This blog will inform you about the facts of domestic violence and what you or someone close to you should do if they are a victim of domestic violence.
What is Domestic Violence?
Domestic violence can be defined as a pattern of controlling behaviors, some of which are criminal, that includes but is not limited to physical assaults, sexual assaults, emotional abuse, isolation, economic coercion, threats, stalking and intimidation. These behaviors are used by the offender in an effort to control the intimate partner. The behavior may be directed at others with the effect of controlling the intimate partner.
Domestic violence can take on many other forms. Some of these forms include:
- Verbal abuse
- Intimidation
- Economic oppression and abuse
- Coercion
- Use of the children to intimidate, harass, or threaten
- Sexual abuse
- Stalking
- Isolating the victim from family and friends
If you or someone you know have experienced any of these things listed above call the police or a local domestic violence support group as soon as possible. It can be hard for victims to contact authorities or talk to someone about their situation. That is why it is important to make sure to listen to the victim, and make sure that they get the help they need immediately. It is not safe or healthy for someone to live in a place where they are getting abused.
First Step for a Victim of Domestic Violence
The first step for a victim of domestic violence is to call the police so that the victim can be moved away from the environment that is causing them harm. It is also advised to call a local domestic violence support group so the victim can have some kind of plan to get away from their situation and figure out what to do next after the offender is taken away. You can contact the U.S. National Domestic Violence Hotline at 1-800-799-7233 or the Rape, Abuse & Incest National Network (RAINN) 1-800-656-HOPE (4673). Local Michigan domestic violence support groups will be linked down below.
What’s Next?
Document and record everything that happens! Keep a record of injuries and any other abuse that may have unfolded. This can be done by taking photos, videos or voice recordings of the abuse, and keeping all text messages, DMs, social media posts and emails that are incriminating to the abuser. Any kind of recorded evidence will help a case immensely.
Domestic violence has a major impact on an individual’s mental health and well being. It is important to remember that counseling might be needed for a victim of domestic violence. Most local support groups can refer excellent mental health professionals in Michigan.
Under Michigan law a domestic violence victim may seek an early release from a residential lease if the victim has a reasonable apprehension of present danger to themselves or a child from domestic violence, sexual assault or stalking.
The last and final thing to do is to file a personal protection order against the abuser. There are multiple legal options that can be taken to protect the victim from future abuse and domestic violence. Attorneys at Goldman and Associates can handle your domestic violence matter and give you the best option that will keep you and your loved ones safe.
What is a Personal Protection Order (PPO)?
Under Michigan law, there are three types of PPOs. The type of PPO that a victim will seek is dependent on the relationship between the victim and the accused. A domestic relationship PPO seeks to stop certain violent behaviors when the petitioner has a domestic relationship with the respondent. A nondomestic relationship PPO is triggered when there are 2 or more acts of stalking, and is not dependent on the victim’s relationship with the respondent.
Lastly, a sexual assault PPO is appropriate for victims of sexual assault who may not have a domestic relationship with the respondent or does not have two or more acts of stalking committed by the respondent to the victim. We will look at these three types of PPO more in depth and explain the structures of each one.
Here are some things that the PPO does in The State of Michigan, the PPO can prohibit the respondent from the following acts
- Entering onto premises. Any premises that the petitioner frequents may be included.
- Assaulting, attacking, beating, molesting, or wounding a named individual. The named individual does not have to be the petitioner.
- Threatening to kill or physically injure a named individual. The named individual does not have to be the petitioner.
- Removing minor children from the individual having legal custody of the children. This provision was originally to prevent the respondent from kidnapping a child in common. However, if there is a custody or parenting time order in place, the PPO will control, until the custody or parenting time order is modified or expired.
- Purchasing or possessing a firearm.
- Interfering with petitioner’s efforts to remove petitioner’s children or personal property from premises that are solely owned or leased by respondent.
- Interfering with petitioner at petitioner’s place of employment or education or engaging in conduct that impairs petitioner’s employment or educational relationship or environment.
- If the petitioner is a minor who has been the victim of sexual assault, as that term is defined in section 2950a, by the respondent and if the petitioner is enrolled in a public or nonpublic school that operates any of grades K to 12, attending school in the same building as the petitioner.
- Having access to information in records concerning a minor child of both petitioner and respondent that will inform respondent about the address or telephone number of petitioner and petitioner’s minor child or about petitioner’s employment address.
- Engaging in conduct that is prohibited under section 411h or 411i of the Michigan penal code This includes stalking.
- Any of the following with the intent to cause the petitioner mental distress or to exert control over the petitioner with respect to an animal in which the petitioner has an ownership interest:
- Injuring, killing, torturing, neglecting, or threatening to injure, kill, torture, or neglect the animal. A restraining order that enjoins conduct under this subparagraph does not prohibit the lawful killing or other use of the animal as described in section 50(11) of the Michigan penal code, 1931 PA 328, MCL 750.50
- Removing the animal from the petitioner’s possession. Retaining or obtaining possession of the animal.
- Any other specific act or conduct that imposes upon or interferes with personal liberty or that causes a reasonable apprehension of violence.
PPOs are considered emergency orders and do not implicate the Child Custody Act. Under the “catch all” provision of the PPO statute, the court may restrict a respondent’s contact with their children, even if that restriction is contrary to the respondent’s custody rights, the PPO takes priority always.
Also, a court must issue a PPO if it finds reasonable cause that the respondent might commit one of the restricted acts listed above. The petition should include specific incidents of violence, threats, abuse and the like. This can be proven by testimony, documents and other evidence and whether or not the respondent has committed or threatened to commit other acts of violence in the past. The court cannot refuse to issue a PPO because there is no police report, medical report, or physical signs of abuse or violence.
Domestic Relationship PPOs
A domestic relationship PPO seeks to stop certain threatening and violent behaviors when the petitioner has a domestic relationship with the respondent. The domestic relationship is defined as any of the following:
- a spouse or former spouse
- someone the petitioner currently resides with or has resided with in the past
- a person with whom the petitioner has a child in common
- someone with whom the petitioner has or has had a “dating relationship”
If the petitioner is afraid that harm will happen to him/her from sending notice of the petition for a PPO to the respondent or the delay in its issuance will expose the petitioner to harm, he/she may ask for the entry of an ex parte order.
In order to get an ex parte order, the petitioner must show “immediate and irreparable injury, loss, or damage will result from the delay required to effectuate notice or that the notice will itself precipitate adverse action before the PPO can be issued.” In other words, the petitioner should prove irreparable injury, loss or damage if the PPO is not issued immediately. Goldman and Associates suggest that you record specific dates in which the incidents occurred, the bodily harm or property damage that was endured, the words used in threats, whether medical treatment was necessary, if the violence or threats took place in front of the parties’ children and whether the police were involved.
Stalking PPOs
The courts may issue a PPO to restrain stalking or cyberstalking. Stalking, under Michigan’s statute, is defined as: “willful course of conduct involving repeated or continuing harassment of another individual that would cause a reasonable person to feel terrorized, frightened, intimidated, threatened, harassed, or molested and that actually causes the victim to feel terrorized, frightened, intimidated, threatened, harassed, or molested.”
In order to obtain a stalking PPO, the petitioner must show more than one incident of stalking and harassment. The relationship between the parties is unnecessary to prove. Under the stalking statute, the followings acts may be prohibited by the PPO:
- Following or appearing within the sight of petitioner.
- Approaching or confronting petitioner in a public place or on private property.
- Appearing at petitioner’s workplace or residence.
- Entering onto or remaining on property owned, leased, or occupied by petitioner.
- Contacting petitioner by telephone, mail, or electronic communications to petitioner.
- Placing an object on, or delivering an object to, property owned, leased, or occupied by petitioner.
Under the cyberstalking statute, the courts may prohibit the posting of messages through electronic media, including email and social media sites, when the following applies:
- The person knows or has reason to know that posting the message could cause two or more unconsented contacts with the victim.
- Posting the message is intended to cause conduct that would make the victim feel frightened.
- Conduct arising from posting would cause a reasonable person to suffer emotional distress and to feel frightened.
- Conduct arising from posting causes the victim to suffer emotional distress and to feel frightened.
Sexual Assault PPOs
Under Michigan statute, the court may issue a PPO against a respondent who has been convicted of sexual assault, threatened the petitioner with sexual assault, or provided obscene material for minors. This PPO is available, regardless of whether there is a relationship between the parties and does not require proof of two or more separate incidents. Under the statute the following acts may be prohibited under the PPO:
- Entering onto premises.
- Threatening to sexually assault, kill, or physically injure petitioner or a named individual.
- Purchasing or possessing a firearm.
- Interfering with the petitioner’s efforts to remove the petitioner’s children or personal
- property from premises that are solely owned or leased by the individual to be restrained or enjoined.
- Interfering with the petitioner at the petitioner’s place of employment or education or engaging in conduct that impairs the petitioner’s employment or educational relationship or environment.
- Following or appearing within the sight of the petitioner.
- Approaching or confronting the petitioner in a public place or on private property.
- Appearing at the petitioner’s workplace or residence.
- Entering onto or remaining on property owned, leased, or occupied by the petitioner.
- Contacting the petitioner by telephone.
- If the petitioner is a minor who is enrolled in a public or nonpublic school that operates any of grades K to 12, attending school in the same building as the petitioner.
- Sending mail or electronic communications to the petitioner.
- Placing an object on, or delivering an object to, property owned, leased, or occupied by the petitioner.
- Engaging in conduct that is prohibited under [MCL 750.411s].
- Any other specific act or conduct that imposes upon or interferes with personal liberty or that causes a reasonable apprehension of violence or sexual assault.
- Any other specific act or conduct that imposes upon or interferes with personal liberty or that causes a reasonable apprehension of violence or sexual assault.
Conclusion
It’s important to understand the facts of domestic violence and know exactly what is needed for your overall safety and health. Understanding where to start when a victim is dealing with domestic violence can be life saving and beneficial. Knowing what legal options a victim can take improves their life and gives them an opportunity to feel safe again.
If you or someone you know are currently experiencing domestic violence, call 911 or the US National Domestic Violence Hotline at 1-800-799-7233. LOCAL DOMESTIC VIOLENCE PROGRAMS (provided by Womenslaw.org) Oakland County Domestic Violence Support Groups (provided by michigan.gov/)
If you need more information on how to file for a PPO or if you have any questions regarding domestic violence in The State of Michigan contact Goldman and Associates Law Firm. At Goldman and Associates, our attorneys are experts in family law and they will thoroughly examine all aspects of your domestic violence matter. With the best lawyers in Michigan, Goldman and Associates takes each and every case very seriously and gives you the outcome you desire.
For more information on domestic violence in the State of Michigan watch the video below and check out the Goldman and Associates YouTube channel for more videos on everything relating to law in Michigan. Make sure to give our attorneys a call if you have any questions about domestic violence in Michigan.
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