If you feel threatened, harassed, or unsafe due to another person’s actions, Michigan law provides legal protections in the form of a Personal Protection Order (PPO), commonly referred to as a restraining order.
PPOs are designed to prevent further harm by legally prohibiting the person in question from contacting or approaching you. However, understanding how to file for and enforce a PPO is crucial to ensuring your safety and legal protection.
People generally hesitate to seek a restraining order because they lack knowledge of the legal process or fear retaliation.
In this guide, we will explain how to get a restraining order in Michigan, who qualifies, what types of PPOs exist, and the steps you need to take to ensure legal protection. However, if you are in need of immediate legal assistance, then contact an experienced criminal defense attorney near you to represent your interests.
What Is a Personal Protection Order (PPO) in Michigan?
A Personal Protection Order (PPO) is a court order that restricts an individual from harassing, assaulting, stalking, or threatening another person. A PPO can also prohibit contact via phone, social media, email, or physical proximity.
Types of PPOs in Michigan
Michigan law recognizes three main types of PPOs, including domestic PPO, non-domestic stalking PPO, and non-domestic sexual assault PPO.
Domestic PPO is usually issued when the petitioner has a current or past relationship with the respondent, such as a spouse, ex-spouse, dating partner, co-parent, or household member. If you want non-domestic stalking PPO, it is granted by the court when a person is being stalked or harassed by someone they do not have a domestic relationship with.
The third type, non-domestic sexual assault PPO, is issued when a person has been a victim of sexual assault or threats of sexual violence, even if there is no prior relationship between the individuals.
Who Qualifies for a Restraining Order in Michigan?
To obtain a PPO, you must prove that you are experiencing harassment, stalking, threats, or physical violence. You may qualify for a PPO if:
- You are being physically abused or threatened.
- You are experiencing repeated harassment, intimidation, or unwanted contact.
- You have been sexually assaulted or are under threat of sexual violence.
- You are being stalked, including in-person and online harassment.
If you are unsure whether you qualify for a PPO, talk to a criminal defense lawyer in Michigan who can evaluate your case for free and, if you qualify, help you file the necessary paperwork.
How to Get a Restraining Order in Michigan: Step-by-Step Process
Step 1: File a Petition for a PPO
To begin the process, you must file a petition at your local county circuit court. The petition requires detailed information about the respondent (the person you seek protection from); the nature of the threats, harassment, or abuse; and any past legal actions or police reports related to the issue.
Step 2: Request an Ex Parte Order (Emergency PPO)
In urgent cases, the court may issue an ex parte PPO, which is a temporary order granted without notifying the other party. This is typically issued if the judge believes immediate danger exists.
Step 3: Attend a Court Hearing (If Required)
If the PPO is not granted ex parte, a court hearing will be scheduled. The respondent will have the opportunity to present their side, and you must provide evidence and testimony supporting your request.
Step 4: The Court Issues the PPO
If the judge determines that you are in danger, you will be issued a PPO. The PPO will include restrictions on the respondent’s actions and may require law enforcement to enforce compliance.
Step 5: Serve the PPO to the Respondent
The PPO is not enforceable until the respondent receives official notice. This can be done through law enforcement, a process server, or a third party.
Step 6: Enforce the PPO
If the respondent violates the PPO, you should immediately contact the police and report the violation. The respondent may face criminal charges, fines, or jail time for non-compliance.
Now that you know how to get a restraining order in Michigan, let’s explore your options if someone violates a PPO.
What Happens If Someone Violates a PPO?
A violation of a Personal Protection Order is a serious offense in Michigan. If law enforcement officials find the respondent in violation of the order, they can arrest the person without a warrant.
Possible Consequences for Violating a PPO:
- Misdemeanor charges
- Up to 93 days in jail
- Fines up to $500
- Additional legal consequences for repeat violations
How a Lawyer Can Help with a PPO in Michigan
Obtaining, enforcing, or defending against a PPO can be legally complex. A skilled attorney in Michigan can assist with:
- Filing a restraining order and presenting evidence in court.
- Defending against wrongful PPOs if someone falsely accuses you of harassment.
- Enforcing PPO violations and ensuring law enforcement takes action.
- Modifying or terminating a PPO if circumstances change.
Conclusion
If you are in danger or facing harassment, knowing how to get a restraining order in Michigan is essential for your protection. PPOs offer legal safeguards, but navigating the legal system alone can be overwhelming.
If you need help with a free case evaluation, you can contact a skilled Michigan criminal defense attorney to protect your rights and safety.