Under Michigan law, there are three types of PPOs. The type of PPO that a victim will seek is dependent on the relationship between the victim and the accused. A domestic relationship PPO seeks to stop certain violent behaviors when the petitioner has a domestic relationship with the respondent. A nondomestic relationship PPO is triggered when there are 2 or more acts of stalking and is not dependent on the victim’s relationship with the respondent. Lastly, a sexual assault PPO is appropriate for victims of sexual assault who may not have a domestic relationship with the respondent or does not have two or more acts of stalking committed by the respondent to the victim. We will look at these three types of PPO more in depth and explain the structures of each one.
If you believe that the abuser will continue to target you or your children, getting a PPO would protect you from that happening. Getting an attorney to help you get a PPO is essential and will benefit you in the long run. Here are some things that the PPO does in The State of Michigan, the PPO can prohibit the respondent from the following acts:
- Entering onto premises. Any premises that the petitioner frequents may be included.
- Assaulting, attacking, beating, molesting, or wounding a named individual. The named individual does not have to be the petitioner.
- Threatening to kill or physically injure a named individual. The named individual does not have to be the petitioner.
- Removing minor children from the individual having legal custody of the children. This provision was originally to prevent the respondent from kidnapping a child in common. However, if there is a custody or parenting time order in place, the PPO will control, until the custody or parenting time order is modified or expired.
- Purchasing or possessing a firearm.
- Interfering with petitioner’s efforts to remove petitioner’s children or personal property from premises that are solely owned or leased by respondent.
- Interfering with petitioner at petitioner’s place of employment or education or engaging in conduct that impairs petitioner’s employment or educational relationship or environment.
- If the petitioner is a minor who has been the victim of sexual assault, as that term is defined in section 2950a, by the respondent and if the petitioner is enrolled in a public or nonpublic school that operates any of grades K to 12, attending school in the same building as the petitioner.
- Having access to information in records concerning a minor child of both petitioner and respondent that will inform respondent about the address or telephone number of petitioner and petitioner’s minor child or about petitioner’s employment address.
- Engaging in conduct that is prohibited under section 411h or 411i of the Michigan penal code This includes stalking.
- 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. A restraining order that enjoins conduct under this subparagraph does not prohibit the lawful killing or other use of the animal as described in section 50(11) of the Michigan penal code, 1931 PA 328, MCL 750.50
- 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
Goldman and Associates Law Firm is here to provide you with information about Custody in The State of Michigan. Goldman and Associates has years of experience and knowledge on Family Law in Michigan. Contact us today if you have any questions regarding Personal Protection Orders in the State of Michigan.