Resource for a Recourse: Online Resource Center for Survivors of Abuse

MICHIGAN : Restraining Order & Order of Protection Information

TYPES OF PROTECTIVE ORDERS
BENEFITS
COSTS
VIOLATIONS

Domestic violence occurs when a family member, household member, someone you have a child in common with, or someone you have dated or are dating:

assaults, sexually assaults, attacks, beats, molests, or wounds you
threatens to kill or physically harm you
stalks you
interferes with your freedom, such as physically keeping you from leaving your home or kidnapping you
puts in you fear of physical harm, through words or actions

Under Michigan law, stalking occurs when someone repeatedly contacts you, without your consent, in a way that makes you reasonably feel terrorized, frightened, intimidated, threatened, harassed, or molested. Stalking must be a pattern of behavior - someone has to contact you and make you feel in danger more than once for it to qualify as stalking.

You can seek legal protection from acts of abuse from:

your current or former spouse
an individual with whom you have a child in common
someone you are dating or used to date
anyone who lives in your home or has lived in your home

It IS possible to issue a domestic relationship PPO against a minor. It is important to note that the consequences minors face for violating a PPO might be different than the consequences for adults (18 and older). Be sure to ask the judge or clerk of court how, if at all, PPO differs when issued to a minor.

Types of protective orders:

Domestic Relationship Personal Protection Order

This is a restraining order in a case of domestic violence. A domestic relationship personal protection order (PPO) is a civil court order that is designed to stop violent and harassing behavior and to protect you and your family from your abuser.

BACK TO TOP

Benefits:

In a domestic relationship Personal Protection Order, a judge may order your abuser to:

Stop assaulting, sexually assaulting, attacking, beating, molesting or wounding you
Stop threatening to kill or physically injure you
Stop stalking you
Stop contacting you or harassing you at your work place, residence, school, day care (you must specifically request these places)
Surrender any and all firearms and firearm identification cards to the police.

If there are guns involved in your case, the National Center on Full Faith and Credit (1-800-903-0111) may be able to help you find a lawyer to help you with your case.

A domestic relationship PPO may also:

Grant you temporary custody of your child
Prevent the abuser from interfering with your efforts to remove your children or personal property from the abuser's home or apartment
Protect, or "impound", your address if you moved to escape abuse, so the abuser does not find out where you are
Other reasonable requests that the judge believes are necessary in order for you to be free from the violence.

Whether a judge orders any or all of the above depends on the facts of your case.

BACK TO TOP

Costs:

There is no filing fee to get a domestic relationship PPO.

Although you do not need a lawyer to file for a domestic relationship PPO, it may be to your advantage to seek legal counsel. This is especially important if your abuser has a lawyer. Even if your abuser does not have a lawyer, it is recommended that you contact a lawyer to make sure that your legal rights are protected.

BACK TO TOP

Violations:

It is important to recognize the limitations of a PPO. You must be vigilant in enforcing the order's provisions by reporting every violation to the police or the court.

Call the police, even if you think it is a minor violation. It is a crime and contempt of court if the abuser knowingly violates the order in any way. A judge can punish someone for being in contempt of court. In addition, the police can arrest him. If they witnessed the violation or have probable cause to believe the violation occurred, they must arrest him. If the police are not involved or do not arrest him or file a criminal complaint against him, you still have the right to go to the District Court and take out a criminal complaint against him. It is a good idea to write down the name of the responding officer(s) and their badge number in case you want to follow up on your case.

BACK TO TOP