Michigan Personal Protection Order Law – Michigan Family Lawyer Serving Clients Involved in Allegations of Domestic Violence
When one family member accuses another of domestic violence, the family situation can become extremely complicated and, in some cases, dangerous. In such situations, the person alleges domestic violence often seeks an order of protection, which is also known as a personal protection order under Michigan law. At the law office of Paul J. Tafelski, we know that domestic violence can cause irreparable harm to a family, and at the same time we also understand that there are two sides to every story. We have years of experience assisting clients who are seeking orders of protection against a family member, as well as family members who have been accused of domestic violence.
If you have questions about obtaining a personal protection order or defending against an order of protection issued against you, a Michigan domestic violence attorney can help with your case.
What is a Personal Protection Order?
Under Michigan law, there are different types of personal protection orders (PPOs) for domestic relationships and nondomestic situations. A personal protection order is an order from the court that requires a person to stop threatening or committing violence against you. When a person is in fear of his or her safety, she can petition the court for a PPO.
Most domestic violence situations are governed by the Domestic Violence Prevention and Treatment Act (MCL 400.1501 et seq.). It may be possible for a person who alleges domestic violence to obtain a personal protection order for any of the following situations:
- Violence committed by former or current spouse;
- Violence committed by a person who is in a dating relationship with the victim;
- Violence committed by a person who shares a child with the victim; and/or
- Violence committed by a non-family member who lives in the household or used to live in the household of the victim.
What Can a Personal Protection Order Do?
In order to obtain a personal protection order, the party seeking the order must be able to provide evidence of the threat of domestic violence or actual domestic violence. In general, harassment may be included as a form of domestic violence for the purposes of obtaining a personal protection order.
If the court grants a temporary or a permanent order, it can prohibit the named party (the person accused) from doing any of the following:
- Entering your residence or your workplace;
- Inflicting violence upon you or another person;
- Threatening to physically injure or kill you or another person;
- Owning a gun;
- Preventing you from removing your children, or your property, from a residence owned or rented by the accused;
- Harming your professional position;
- Accessing your contact information, such as your home or work address, or your phone number;
- Stalking; and
- Other acts that interfere with your freedom or place you in fear of violence.
Domestic Violence Situations in Michigan Can Be Extremely Complicated
Domestic violence happens much too often in Michigan. At the same time, sometimes parties are wrongly accused and can face repercussions if an order of protection is issued. The law does allow a party to change his or her mind about a personal protection order, and these orders can be modified, extended, or terminated if the situation requires it.
If you have questions about having a personal protection order modified, extended, or terminated, a Michigan domestic violence lawyer can help.
Contact a Domestic Violence Attorney in Michigan
Do you have questions about seeking a personal protection order? Or do you have concerns about allegations against you concerning domestic violence? An experienced domestic violence lawyer in Michigan can help with your case. Contact the law office of Paul J. Tafelski today.