A Personal Protection Order (PPO) can be filed against someone if you feel threatened by their behaviors. Most commonly, PPOs are filed when you are at risk for domestic violence or stalking.
Our team of attorneys at The Kronzek Firm can help you whether you are requesting a Personal Protection Order (PPO) or fighting against a PPO. We deal with these types of issues here in Oakland County often. today or call us at 248-479-6200 to speak with an attorney about a protection order.
Chuck Kronzek on WXYZ Detroit
There are many different rules and guidelines you have to follow if you want to ask for a PPO against another individual. There are different types of PPOs and there are special rules when the PPO involves a minor.
Below, we give an overview of the different types of PPOs in Michigan, the steps for filing or setting aside a PPO, the possible conditions of a PPO, and the enforcement of PPOs. If someone is filing a PPO against you, or if you want to file for one yourself, you should consult an attorney before anything else. PPOs are complex and you will need an expert to help guide you through the complex process. Our courts in Oakland County can seem intimidating, even for experienced family law attorneys.
Types of PPOs in Michigan
There are two parties involved in PPO cases: the petitioner and the respondent. The petitioner is the one who asks for the PPO. The respondent is the person who wants to stop or modify that Personal Protection Order. The type of PPO that your case will involve depends on the relationship between the petitioner and the respondent.
There are three different types of PPOs in Michigan:
Domestic Relationship Personal Protection Order:
This type of PPO is filed when the petitioner and respondent were in some type of relationship, such as dating, marriage, or any type of co-habitation. This type of PPO can also be filed when the petitioner and respondent have a child together. This PPO would restrain behavior that inhibits the petitioner’s personal liberty or any behavior that creates apprehension of violence.
Non-Domestic Stalking Personal Protection Order:
This type of PPO is filed when the respondent is participating in stalking, aggravated stalking, or cyber-stalking against the petitioner.
It does not matter what kind of relationship the petitioner and respondent have for this type of PPO to be filed.
Non-Domestic Sexual Assault Personal Protection Order:
This is another type of PPO where it does not matter what kind of relationship the petitioner and respondent have. This PPO is filed when the petitioner is a victim of sexual assault, if they receive obscene material, or if they are at reasonable apprehension of sexual assault by the respondent.
How to Obtain a Personal Protection Order in Oakland County
To request a Personal Protection Order against another person, you will have to file a petition with a circuit court. Interestingly, you do not have to file your request for the PPO in any certain county. Michigan law allows you to request a PPO in any county in our state. You and your attorney will sign the petition and the petition will have to include certain details, such as: reason for petition, relief sought, and conduct to be restrained.
A mailing address is required, though not necessarily your residence address. You will also have to state whether or not there has been a PPO filed in another jurisdiction and whether or not this PPO will need an ex parte order.
An ex parte order, in regard to PPOs, occurs where the petitioner files the petition without the respondent knowing. Not everyone can file their PPO ex parte. Ex parte filings are for when the petitioner feels that the respondent has put them in immediate danger.
Doing this can help keep the petitioner from being harassed for trying to file the PPO. Filing ex parte also helps speed up the process of filing the PPO.
If you want to file ex parte, then the judge will give your case very careful scrutiny. If you do not file your PPO ex parte, then your hearing will occur within 21 days of filing the petition, if your case requires a hearing at all.
To file for a PPO, there are standard forms provided by the State Court Administrative Office. Many counties in Michigan have these standard forms as well. If there is anything that you are not sure about in regard to PPOs, it is a good idea to seek legal assistance.
Can I Challenge a Personal Protection Order?
Yes, you can challenge a PPO. You can ask the judge to terminate or modify a PPO issued against you. Personal Protection Orders are public record, and if a PPO has been improperly filed against you, then it would be in your best interest to challenge it. Having a PPO filed against you can have serious social and professional ramifications.
Since a PPO can very negatively impact your life, if you are trying to challenge the PPO, you should hire an attorney with extensive experience battling PPO cases. The Kronzek Firm has been successful with PPO case is many courts all over Michigan as well as in the Michigan Court of Appeals.
If you are fighting a PPO that was filed ex-parte, then you have 14 days after you learn about the PPO to request a hearing. Otherwise, you have 21 days to fight the motion after it has been filed. Just as with filing a PPO, there are standard forms to fight the PPO as well. Your attorney will be able to help you with these forms too.
Prohibited Behavior
Personal Protection Orders serve to protect the petitioner from a certain behavior of the respondent. The types of behaviors prohibited will depend on the PPO and the judge that issued it.
A domestic relations PPO might prohibit the respondent from:
- visiting the petitioner’s home or work;
- stalking the petitioner;
- assaulting, attacking, molesting, beating or wounding the petitioner or other named individual;
- threatening to kill or physically injure the petitioner or other named individual;
- removing the petitioner’s minor children without proper authorization/court order;
- buying or possessing a firearm;
- preventing the petitioner from removing their children or possessions from property that the respondent owns or rents;
- interfering with the petitioner at their place of school or work;
- hindering the petitioner’s educational or professional relationships;
- having access to the petitioner’s home or work addresses;
- having access to the petitioner’s telephone number contained in records that concern a child in common;
- participating in any activity that causes a reasonable apprehension of violence;
- participating in any specific act or conduct that imposes upon or interferes with the personal liberty of the petitioner.
If the petitioner has any behaviors beyond this list that he/she would like to prohibit by the respondent, the petitioner can make a request to the court. The court will decide whether or not it will approve of the request.
A non-domestic stalking PPO is much more limited in the types of behaviors that can be prohibited of the respondent.
Some of the behaviors that may be prohibited of the respondent are:
- following the petitioner;
- appearing in the petitioner’s sight;
- appearing or approaching the petitioner on public or private property;
- visiting property that the petitioner owns, leases, or occupies;
- contacting the petitioner by phone, mail, e-mail, or text message;
- placing objects on or delivering them to property that the petitioner owns, leases, or occupies;
- buying or possessing a firearm.
In addition, the court can prohibit any other stalking behaviors that it deems necessary for the safety and comfort of the petitioner.
Finally, there is the non-domestic sexual assault PPO. This type of PPO prevents similar behaviors as the previous two types. Some of the behaviors that may be prohibited of the respondent are:
- entering the petitioner’s home;
- following the petitioner;
- appearing in the petitioner’s sight;
- threatening to kill, sexually assault, or injure the petitioner or other listed person;
- buying or possessing a firearm;
- interfering with the petitioner at their place of school or work;
- hindering the petitioner’s educational or professional relationships;
- preventing the petitioner from removing their children or possessions from property that the respondent owns or rents;
- appearing or approaching the petitioner on public or private property;
- contacting the petitioner by phone, mail, e-mail, or text message;
- placing objects on or delivering them to property that the petitioner owns, leases, or occupies.
Again, in addition to all the actions listed, the respondent may be prohibited from additional actions that interfere the petitioner’s personal freedom or safety.
What if someone violates a Personal Protection Order?
There are serious repercussions for someone who decides to violate a PPO. If you are the petitioner and someone has violated the PPO, then you should contact law enforcement immediately. You can also file a motion for the court to punish the respondent for violating the PPO.
In Michigan, Personal Protection Orders are effective immediately after being issued by the court. They are enforceable for a specified period of time, depending on your case. Most commonly, that time period is either 6 months or 1 year. PPOs can be enforced in other states too – this will also depend on your case and what the court decides.
Violating a PPO can result in arrest and criminal contempt charges. This means that someone who violates a PPO may have to pay fines and spend time in jail. Violating a PPO can also negatively affect the respondent’s outcome of a divorce or child custody proceeding.
Your Personal Protection Attorneys
Our team of attorneys at The Kronzek Firm know how to successfully request a PPO and how to successfully contest one. We have done both, many time over the years, in courts all over Southeast Michigan.