Domestic violence is a serious problem across the country. Michigan courts address domestic violence by providing victims with a legal way to help prevent future abuse through protective orders. Protective orders, or "restraining orders" as they're more commonly called, are court-ordered documents that require a named individual to stay a certain amount of distance away from the person seeking the order. The purpose of protective orders is to protect abused spouses from their abusers, but also may be used to keep stalkers away.
Michigan takes the issue of Domestic Violence very seriously, and survivors of domestic violence have numerous options to protect themselves from further stalking and abuse. While protection orders may not prevent every harmful scenario, they can provide the victim some criminal recourse if the abuser violates an order.
This article provides a brief overview of protective orders in the state of Michigan.
Protective Orders in Michigan: At a Glance
The following table covers the basic provisions of Michigan protective order laws. You can also visit FindLaw's Orders of Protection and Restraining Orders section for more general information on this topic.
Code Section
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§ 600.2950-2950c of the Michigan Compiled Laws
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Activity Addressed by Order
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Protective orders in Michigan restrict the defendant from:
- Entering the premises
- Assaulting, attacking, beating, molesting, or wounding a named individual
- Threatening to kill or physically injure a named individual
- Removing minor children from the individual having legal custody of the children
- Purchasing or possessing a firearm
- Interfering with the petitioner's efforts to remove the petitioner's children or personal property from the premises that are solely owned or leased by the individual to be restrained or enjoined
- Interfering with the petitioner at their place of employment or education or engaging in conduct that impairs their employment or educational relationship or environment
- If the petitioner is a minor who has been the victim of sexual assault by the respondent, and if the petitioner is enrolled in a public or nonpublic school that operates any of grades K-12
- Any of the following with the intent to cause the petitioner mental distress or to exert control over the petitioner with respect to an animal in which the petitioner has an ownership interest:
- Injuring, killing, torturing, neglecting, or threatening to injure, kill, torture, or neglect the animal
- Removing the animal from the petitioner's possession
- Retaining or obtaining possession of the animal
- Any other specific act or conduct that imposes upon or interferes with personal liberty or that causes a reasonable apprehension of violence
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Duration of Order
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Minimum 182 days unless modified
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Penalty for a Violation of Order
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Civil or criminal contempt: jail, maximum of 93 days, and fined a maximum of $500
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Who May Apply for Order
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Household member, spouse/ex-spouse, parent of one's child, dating relationship.
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Can Fees Be Waived?
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-
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Order Transmission to Law Enforcement
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Copy entered into law enforcement information network by law enforcement agency designated by the court in order
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Civil Liability for Violation of Order
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Yes
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Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.
Get Help with a Protective Order Today
If someone is hurting or threatening to hurt you, there are resources available for you when you're ready. Contact the National Domestic Violence Hotline for 24/7/365 support at 800-799-7233. If you would like legal assistance, you can contact a Michigan domestic violence attorney in your area to discuss your case.