What is a Personal Protection Order?
A Personal Protection Order in Michigan, or PPO, is a court order designed to protect one person by restraining another from certain behavior, such as physical violence, harassment, or stalking.
This article covers the different types of personal protection orders and what to do in the event one has been filed against you.
For those in need, learn how to file a PPO, also known as a restraining order, by clicking here.
Do you need help fighting a personal protection order? Unhappy with your current attorney? Request a free consultation now.
Types of PPOs
Michigan has three types of PPOs: Domestic Relationship PPOs, Non-domestic (Stalking) PPOs, and Non-domestic Sexual Assault PPOs. The latter is available to victims of sexual assault, victims who have received obscene material, and petitioners who have been placed in reasonable apprehension of sexual assault by the respondent. You can find domestic violence resources here.
However, domestic relationship and non-domestic stalking PPOs are by far the most common. They’re discussed in greater detail below.
Domestic Relationship PPOs
Domestic Relationship PPOs seek to restrain activity by a respondent who is:
- The petitioner’s spouse or former spouse.
- A person with whom the petitioner has had a child in common.
- A person who resides or who has resided in the same household as the petitioner.
- A person with whom the petitioner has or has had a dating relationship.
If a domestic PPO is obtained against an individual, that person may be restrained from the doing one or more of the following:
- Entering onto premises
- Assaulting a named individual
- Threatening to kill or injure a named individual
- Removing minor children from the individual having legal custody of the children
- Purchasing or possessing a firearm
- Interfering with petitioner’s effort to remove children or property from respondent’s premises
- Appearing or interfering with petitioner’s workplace or school
- Causing the petitioner mental distress or attempting to exert control over the petitioner via the petitioner’s pet.
Non-domestic Stalking PPO
With a Non-domestic Stalking PPO, the court may restrain stalking or aggravated stalking. Stalking includes but isn’t limited to:
- Following or appearing within the petitioner’s sight.
- Appearing at the petitioner’s workplace or residence.
- Approaching or confronting the petitioner in a public place or on private property.
- Entering onto or remaining on property the petitioner owns, leases or occupies.
- Sending the petitioner mail or electronic communications.
- Contacting the petitioner by telephone.
- Placing an object on or delivering an object to property the petitioner owns, leases or occupies.
- Purchasing or possessing a firearm.
Aggravated stalking includes additional actions of stalking after court intervention. For example, if a court orders a PPO and an individual violates the PPO, this may be considered aggravated stalking. Similarly, if an individual violates a court ordered term or probation, parole or pretrial release by stalking.
If a Personal Protection Order Has Been Filed Against You
Having a PPO against you is serious. Although a PPO isn’t a criminal case and won’t give you a criminal record, it can definitely affect your freedom. Possible consequences of having a PPO against you include:
- The PPO is entered in the Law Enforcement Information Network (LEIN) and is a matter of public record.
- You can be arrested without a warrant for allegedly violating a PPO.
- You can be charged with criminal contempt for allegedly violating a PPO.
- You can face fines and jail time for violating the PPO.
- The PPO can be a factor in a divorce or child custody case.
Once an individual receives notice that a PPO is being sought or has been achieved, it’s critical that immediate action be taken to request a hearing with the court to dismiss or modify the PPO.
Do you have a personal protection order in Michigan against you? Unhappy with your current attorney? Request a free consultation now.