Michigan Protective Orders Laws

Victims of abuse in Michigan may find relief through personal protection orders. These court orders use provisions to help keep abusers away from victims. They can also address issues such as temporary child custody, firearms possession, and more.

Knowing which order your situation requires is important. In this guide, we’ll take a look at the personal protection orders available in Michigan, show how they work, and walk you through the process of getting one. Nobody should have to suffer continuous abuse. A Michigan personal protection order can help to end the nightmare.

Michigan Protective Orders Laws: Types of Orders

While similar in form and acquisition process, there are noticeable differences between the personal protection orders (PPOs) available in Michigan. Let’s see what each restraining order does before showing you how to get the one you need.

Michigan Domestic Relationship Personal Protection Order

A Michigan domestic relationship PPO is designed to protect victims of domestic violence. Domestic violence occurs when certain abusive crimes happen between people sharing specific close and personal relationships. FindLaw’s Michigan Domestic Violence Laws article provides a detailed explanation of what domestic violence is and the law in place to combat it.

Family members and household members are one required element of a domestic violence offense. The grouping includes family members, intimate relationships, and people who share a dwelling:

• Spouses
• Former spouses
• People who have a child in common
• Family by marriage (in-laws and stepfamily)
• Family by a past marriage
• People who reside together
• People who have resided together in the past
• People in a sexual relationship together
• People who were in a sexual relationship together
• People in a dating relationship together
• People who were in a dating relationship together
• A child of anyone listed above

A dating relationship must contain affectionate or intimate involvement. A casual friendship between coworkers isn’t considered a dating relationship.

The relationship needs to be paired with a qualifying crime for domestic violence classification. Offenses that fall under any of the following categories are eligible:

• Causing or attempting to cause physical or mental harm to a family or household member
• Placing a family or household member in fear of physical or mental harm
• Causing or attempting to cause a family or household member to engage in involuntary sexual activity by force, threat of force, or duress
• Engaging in activity toward a family or household member that causes a reasonable individual to feel terrorized, frightened, intimidated, threatened, harassed, or molested

If the offense contains both elements, it’s domestic violence, and the victim is eligible for a Michigan domestic relationship PPO. The provisions of a domestic relationship PPO can cover a wide array of issues, including:

• Forbidding the respondent (abuser) from entering the premises of the petitioner (victim)
• Forbidding the respondent from attacking, assaulting, beating, molesting, causing a serious injury, or wounding the petitioner or a named individual
• Forbidding the respondent from threatening to kill or injure the petitioner or a named individual
• Assigning temporary child custody, child support, and parenting time
• Forbidding the respondent from purchasing or possessing a firearm
• Forbidding the respondent from preventing the petitioner from retrieving children or personal items
• Forbidding the respondent from showing up or harassing the petitioner at their workplace, home, or school
• Forbidding the respondent from being in the same school as the petitioner if both are minors
• Forbidding the respondent from committing stalking or aggravated stalking
• Forbidding the respondent from taking or harming any shared domestic animals

Domestic relationship PPOs are tailored to each plaintiff’s specific needs. A PPO might contain some, all, or none of the provisions above. The court can add any condition it considers necessary. It’s not necessary to have a police report to apply for a domestic relations PPO.

Non-Domestic Personal Protection Orders for Sexual Assault

Victims of sexual assault can get a non-domestic personal protection order if they don’t share a close, personal relationship with their abuser. This is available if they’ve suffered any of the following abuse:

• Sexual assault for which the abuser has been convicted
• Being subjected to, threatened with, placed in reasonable apprehension of, or having suffered sexual assault
• Furnishing obscene material to a minor

Non-domestic sexual assault PPOs focus on keeping the assaulter away from the victim. The provisions of the PPO can include:

• Forbidding the respondent (abuser) from entering the petitioner‘s (victim’s) premises
• Forbidding the respondent from threatening to sexually assault, kill, or physically injure the petitioner or a named individual
• Forbidding the respondent from purchasing or possessing a firearm
• Forbidding the respondent from interfering with the petitioner‘s efforts to remove the petitioner‘s children or personal property from their premises
• Forbidding the respondent from interfering with the petitioner at the petitioner‘s workplace or school
• Forbidding the respondent from following or appearing within the sight of the petitioner
• Forbidding the respondent from approaching or confronting the petitioner in a public place or on private property
• Ordering the respondent to stay away from the petitioner‘s workplace or residence
• Forbidding the respondent from entering property owned, leased, or occupied by the petitioner
• Forbidding the respondent from contacting the petitioner by telephone, mail, or electronic communications
• Forbidding the respondent from attending school in the same building as the petitioner (if minors)
• Forbidding the respondent from stalking or harassing the petitioner

The court can add other provisions as needed to any non-domestic sexual assault PPO.

Non-Domestic Personal Protection Orders

Although it’s not in the official name, a non-domestic personal protection order focuses on protecting victims of stalking. Victims of stalking, aggravated stalking, or cyberstalking can find relief through the non-domestic PPO. It offers the following provisions:

• The respondent (stalker) is forbidden to stalk the petitioner in any manner, including:
  • Following or appearing within sight of the petitioner
  • Appearing at the workplace or the residence of the petitioner
  • Approaching or confronting the petitioner in a public place or on private property
  • Entering onto or remaining on property owned, leased, or occupied by the petitioner
  • Sending mail or other communications to the petitioner
  • Contacting the petitioner by telephone
  • Placing an object on or delivering an object to property owned, leased, or occupied by the petitioner
• The respondent is forbidden from threatening to injure or kill the petitioner
• The respondent is forbidden from owning or possessing a firearm
• The respondent is forbidden from posting a message through electronic communications

A victim can apply for a non-domestic stalking PPO regardless of whether or not the stalker has been charged or convicted. The petitioner (victim) can keep their address hidden when filing for the order.

Michigan Protective Orders Laws: How To Get a Personal Protection Order (PPO)

The process for getting a personal protection order in Michigan is similar regardless of which one you need. The first step is to complete the required paperwork. Forms are available online and at the clerk’s office at courthouses. Make sure you fill out the correct one:

• Domestic relationship personal protection order
• Non-domestic personal protection order for sexual assault
• Non-domestic personal protection order (stalking)

If possible, have a domestic violence and sexual violence advocate help you with the petition. They have considerable experience assisting abuse victims and are a tremendous resource.

All PPOs are filed with the county clerk in the family division of any Michigan circuit court. The court clerk takes the petition to a judge, who may ask the petitioner (victim) questions. If the court feels the respondent (abuser) is a present danger, a temporary ex parte order is issued. Ex parte means the respondent is not alerted to the order until it’s served. Some counties may charge for service.

The ex parte PPO is enforceable upon service and may last up to 182 days if not challenged by the respondent. If the respondent opposes the order, a full court hearing is scheduled between five and 14 days after the request.

At the court date, both sides can tell their story, present evidence, and call witnesses. If the petitioner proves the respondent is an ongoing threat, a final or permanent PPO is issued. It goes into effect as soon as the judge signs it and remains in effect until a date set by the court. The petitioner may request an extension up to three days before the expiration date.

All PPOs are enforced nationwide under federal law. This includes tribal reservations and U.S. territories. Keep a copy of the order with you at all times.

Michigan Protective Orders Laws: Violations of Personal Protective Orders

Michigan backs its personal protection orders with the threat of jail time for offenders. Violating any Michigan PPO is criminal contempt of court. The penalties are as follows:

• Up to 93 days in jail
• A fine of up to $500

These penalties are in addition to any sentences for the offenses committed during the violation. Acts such as assault or battery carry enhanced penalties when classified as domestic violence.

Michigan Protective Orders Laws: Additional Resources

• National Domestic Violence Hotline (1.866.799.7233)
• Michigan State Police Domestic Violence Unit
• Michigan Coalition to End Domestic & Sexual Violence
• Domestic Violence FAQ
• Michigan Domestic Violence Laws

Need Help With a Protective Order in Michigan? Speak With an Attorney

The state of Michigan offers personal protective orders to help victims of abuse. If you have questions, contact a Michigan domestic violence attorney. They can help you get an order and escape your abuser.

If you’re facing criminal charges for violating a Michigan PPO, your future is in jeopardy. Talking to a Michigan criminal defense attorney is an absolute necessity. Put their expertise to work for you.