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Someone close to me is attacking/threatening me, what should I do?

This is likely to be a case of domestic violence, so you might consider getting a Personal Protection Order (PPO) against that person. It is committed by someone with whom you share a domestic relationship. A domestic relationship can be any one of the following:   A spouse or other family member   The unmarried parent of your child   Someone you are living with or have lived with previously   Anyone you have ever been romantically involved with   … Read More

Military Domestic Violence

Protection orders targeting military personnel are affected by similar regulations as other domestic issues in a military context. In that military context, PPO’s are called civilian protection orders (CPO). There are also MPOs which protect military personal from someone else. What happens if my domestic abuser is in the military? He will enjoy certain procedural protections to prevent unfairness against a person who might be posted out of state or overseas. This is especially crucial for a service member because … Read More

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 … Read More

Is there anything else I should know about domestic violence and PPOs?

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 … Read More

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 … Read More

Is domestic violence a legal ground for divorce?

Michigan is a no-fault divorce state, which means you can fairly easily get a divorce without having to wait for domestic violence to break out between you and your spouse. All you need to show is that the marital relationship has become broken beyond repair (although violence breaking out between spouses is a pretty good indicator of a breakdown). It is highly advisable to seek a legal separation (a temporary stopgap prior to a final divorce) and consider the merits … Read More

How does domestic violence effect child custody and child support?

A history of domestic violence is one of many factors that courts take into consideration when deciding child custody in the wake of a divorce. As one might expect, the domestic abuser is frequently disadvantaged by this factor. They would be highly unlikely to receive sole legal custody (and less likely to get shared custody). That being said, by no means would is it a guarantee that all custody and access to the child would cut off. The most probable … Read More

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 … Read More

Can I sue my domestic abuser for civil damages as a result of the injuries they inflicted on me? If so, what is the cause of action?

Absolutely. Domestic violence is no different than any other intentionally harmful act, and can be the basis for a personal injury lawsuit in Michigan civil court. As for which tort/cause of action you might bring, there are several options. You can file an intentional tort claim (such as battery and/or assault) seeking compensation for the physical injuries you have suffered. Another option is a claim for intentional infliction of emotional distress, in order to address mental anguish and other psychological … Read More

Can I still sue my abuser if they are charged/convicted for a domestic violence crime?

Yes, you can. The existence of criminal proceedings arising out of the same incidents of domestic abuse and violence do not preclude a lawsuit in civil court. If I am convicted of a domestic violence crime, do I automatically lose or become disadvantaged in any civil case? That depends on the precise outcome of the criminal case. For one thing, there is no such thing as an automatic win or lose scenario. The civil case will still continue if you … Read More