Personal Protection Orders in Michigan

KLAW Blog · July 7, 2023

A Personal Protection Order (PPO), also known as a restraining order are legal measures designed to protect individuals from various forms of harm, including domestic violence, stalking, harassment, and sexual assault.

To obtain personal protection orders, the Petitioner (the person requesting the PPO) files a Motion for the Personal Protective Order against a Respondent (the person against whom the PPO is requested)

In Michigan, PPOs play a crucial role in ensuring the safety and well-being of individuals who fear for their security or have experienced threats or acts of violence.

Emergency Personal Protective Orders

An individual that believes they are in immediate danger can request an ex parte personal protection order. These orders take effect immediately upon the judge’s signature, without a hearing or notice to the Respondent.

To have an emergency ex parte PPO granted, the Petitioner must present specific facts that show that the Petitioner is in danger of immediate and irreparable injury, harm, or damage that cannot be repaired by a court order after the injury occurs.

Non-Emergency Personal Protective Orders

For non-emergency situations, the Petitioner must request a hearing before a circuit judge to have a PPO issued. The judge will hear testimony from witnesses regarding the circumstances that the Petitioner believes require that a PPO be granted.

When the Petitioner files for a PPO, a copy of the motion for a PPO will be given to the Respondent.

If a PPO is granted, it will take effect as soon as it is signed by the judge. But is only enforceable once it has been served upon the Respondent.

When the PPO has been served on the respondent, the Respondent has up to 14 days to contest the order.

Honest Liars?

Are all PPOs issued with good evidence? Is it he said – she said or she said – she said? Are accusations embellished. Is the dog caught up in the middle? bank accounts? personal belongings? Is the issuing judge going on the word of one person? Yes and No to all that and more.

Most PPOs are are issued with good reason and evidence. But of course there are those who have been issued a PPO through false accusations and just simply for vengeance or revenge. If you feel that you are a victim of a PPO for untruthful and dishonest reasons you should fight it. It’s not a good thing to have on your record. The Komorn Law firm has defended and had PPOs removed under these circumstances for clients who wish to take a stand and fight it. Contact our office for a free case evaluation 248-357-2550.

The State of Michigan website provides the following information

A PPO is a court order to protect a person from someone who has sexually assaulted you, or someone who has made you afraid of being assaulted.

The court can order that person not to:

- Have contact with you.

- Follow or approach you.

- Enter a place where you live.

- Threaten to sexually assault, kill, or physically injure you or another person.

- Purchase or possess a firearm.

- Interfere with you at your place of employment or education.

- Contact you by phone, email or social media.

- Do anything that interferes with your personal freedom or that causes you a reasonable fear of harm.

For more information about PPOs and how to file for a PPO, visit Michigan Legal Help.

You can also get help in filing for a PPO by contacting your local sexual assault or domestic violence services program or by hiring your own attorney.

Source

Michigan Legislature

REVISED JUDICATURE ACT OF 1961 (EXCERPT)
Act 236 of 1961

600.2950 Personal protection order; restraining or enjoining spouse, former spouse, individual with child in common, individual in dating relationship, or person residing or having resided in same household from certain conduct; respondent required to carry concealed weapon; omitting address of residence from documents; issuance, contents, effectiveness, duration, and service of personal protection order; entering order into law enforcement information network; notice; failure to comply with order; false statement to court; enforcement; respondent less than 18 years of age; ownership interest in animal; definitions.

Read the Michigan legislature act regarding PPOs here

Charged with drug possession, driving under the influence of marijuana or alcohol?
Contact Komorn Law Immediately to ensure your rights are recognized 248-357-2550.