PERSONAL PROTECTION & RESTRAINING ORDERS IN MICHIGAN

 
There are two types of personal protection orders. The first personal protection order involves domestic relationships. They restrain a spouse, former spouse, person who resided with the victim, person who has a child in common with a victim, and a person who has or had a dating relationship with a victim. The second type of personal protection order is a non-domestic relationship - Stalking personal protection order.

There are a number of behaviors that can be enjoined by a personal protection order. These activities include but are not limited to: entering on the premises, assaulting, attacking, threatening to kill or physically injure, purchasing or possessing a firearm, interfering with the person's place of employment, or any other specific act or conduct that interferes with personal liberty or that causes a reasonable apprehension of violence.

A personal protection order is obtained by the filing of a petition with the Circuit Court in a county in which the petitioner resides. Courts are prohibited from charging filing fees for personal protection order petitions. Most circuit courts have developed their own forms which are available free of charge.

A court must issue a personal protection order if the court determines that there is reasonable cause to believe that an individual may commit one or more of the prohibited acts. The court must consider testimony, documents, and other evidence offered in support of a personal protection order. Court shall not refused to issue a personal protection order solely due to the absence of a police report, a medical report, or physical signs of abuse or violence.

A court must rule on a request for an ex parte (without a hearing) personal protection order within 24 hours of the filing of a petition. If court refused to grant an ex parte personal protection order, the court must state the reasons in writing and advise the petitioner of the right to a hearing.

Personal protection orders are immediately effective and enforceable even though the respondent has not received a copy of the personal protection order. A failure to serve the personal protection order does not affect its validity.

If a respondent objects to a personal protection order, then the respondent must file a motion and request a hearing within 14 days after service or actual notice of the personal protection order. The respondent must serve the petitioner with a motion and notice of hearing to revoke the personal protection order. The court must hold a hearing on the motion within 14 days after filing.

If a personal protection order is violated, the petitioner must request a show cause hearing before the court. At that time, the court will determine whether there has been a violation the personal protection order. If there has been a violation, the court can then decide the proper sanction. The sanction can include a fine and a jail term.

An attorney will assist you in requesting or objecting to a personal protection order for typically a fee of 600 to 1000 dollars.

 DIVORCE AND DOMESTIC RELATIONS ATTORNEYS - GRAND RAPIDS MICHIGAN

Krupp Law Offices P.C. serves represents clients in divorce and personal protection cases throughout West Michigan, including the cities of Grand Rapids, Holland, and Grand Haven, and the counties of Kent, Ottawa, Allegan, Barry, Newaygo, Montcalm, and Ionia.

Our office can help.

KRUPP LAW OFFICES PC

161 Ottawa NW Suite 201

Grand Rapids MI 49503

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