How Can I Get a PPO in Michigan?Sep 08, 2017, by Criminal Defense, Domestic Violence, Legal Blog in
Domestic violence is an issue that must be adjudicated far too often. The abuser’s loss of control can results in extremely violent, threatening, and abusive behavior. In these cases it is important for those dealing with domestic abuse to understand the process of obtaining a Personal Protection Order (PPO) to put a stop to the abuse and threats of abuse.
If you are currently facing a charge of domestic violence in Michigan, it is vital that you obtain the legal representation you need to ensure your rights are protected. At Davis Law Group, we’re here to help ensure you receive strong and intelligent legal advocacy to achieve the best possible outcome in your case.
Process of Obtaining a PPO
The party seeking to obtain a PPO is referred to as the petitioner. The individual against whom the petitioner is seeking a PPO is referred to as the respondent. Under Michigan law, you may seek three different kinds of PPOs as a petitioner. The type of PPO you seek will be based on the behavior of the respondent and the relationship you two have.
Below are the three types of PPOs in Michigan:
- Domestic Relationship PPO- This PPO is available to the petitioner only if the two parties have been or are married, have dated, have a child together, or have lived together.
- Stalking PPO- No particular relationship is required between petitioners and respondents in order to obtain this type of PPO. The only requirement is for the respondent to have exhibited two instances of stalking behavior toward the petitioner.
- Sexual Assault PPO- This type of PPO does not require a petitioner to have a specific relationship with the respondent. It only requires the respondent to have been convicted of the crime of sexual assault against the petitioner, or to have threatened them with sexual assault.
You are free to request a PPO against the respondent if the circumstances match any of the above three categories.
Ex Parte PPO
Petitioners may first ask a judge to enter a Personal Protection Order without the knowledge of the respondent. This is referred to as an “ex parte PPO.” This is certainly true in cases in which the judge determines a danger exists in providing notice to the respondent that such a petition has been filed. In these cases, the judge will sign the ex parte PPO, and it becomes effective immediately.
The PPO itself will outline the types of behaviors strictly prohibited by the respondent. These restricted behaviors may include such things as a prohibition against showing up at the petitioner’s workplace, threatening the petitioner, or setting foot on the petitioner’s property.
It is possible that the judge in your case may need to obtain additional facts before making a decision on whether a PPO is appropriate. If this is the case, the judge will bring the matter to a hearing in which both parties offer evidence to support their side.
The judge will determine if the requirements for issuing a particular type of PPO have been satisfied or not. If the judge determines that the requirements have been met, they will sign the Personal Protection Order that indicates the actions prohibited by the respondent. The respondent will be required to adhere to the PPO. If they do not, they could face serious legal consequences.
Contact a Skilled Michigan Domestic Violence Lawyer
If you’ve been accused of domestic violence, it is important to retain the services of an experienced criminal defense attorney as soon as possible. A highly skilled domestic violence attorney from Davis Law Group can formulate a defense on your behalf designed to minimize, or if possible, eliminate the charges and/or consequences you are facing.