Michigan Personal Protection Orders Explained
A Michigan Personal Protection Order (PPO) cannot be limited to any particular situation or set of circumstances. Michigan Personal Protection Orders are involved and issued in a variety of circumstances ranging from domestic violence situations to situations where the victim (or petitioner) does not even know the aggressor or accused. Michigan has three types of Michigan Personal Protection Orders:
- Domestic Relationship PPO—for victims of certain assaultive and threatening behavior and a domestic relationship does or did exist. MCL 600.2950
- Nondomestic Relationship PPO [aka a Stalker PPO]—for victims not in a dating relationship with the accused and two or more of the stalking acts have been found. MCL 600.2950a
- Sexual Assault PPO—for victims of a sexual assault. MCL 600.2950a
The domestic relationship Michigan personal protection order is very general and straightforward. One will be issued when there has been assaultive behavior or threatened harm has occurred so long as there is reasonable cause to believe a harmful act will occur. The court must find or the petitioner must show a specific incident of assault or threatened harm.
However, the stalking Michigan personal protection order will be issued if a reasonable person would feel terrorized, frightened, intimidated, threatened, harassed and actually causes such feeling for the victim. There must be a finding of two or more separate incidents of acts amounting to stalking as identified within the statute. These particular Michigan personal protection orders can be issued ex parte, meaning without the accused being present in court.
A sexual assault Michigan personal protection order can be issued who was convicted of a sexual assault involving the victim or against a person who has threatened the victim with a sexual assault. This type of PPO can also be issued for providing obscene material to a minor victim (or petitioner). MCL 750.142. The type of Michigan personal protection order may also be issued involving two individuals who are not in a dating relationship and two or more separate acts have not occurred.
A court’s power to limit or control an accused individual varies between the three Michigan Personal protection Orders. Moreover, the procedure for each PPO will also vary, which means that certain circumstances, facts and issues may and will control which Michigan Personal protection Order a court can or will order. Josh Jones can assist you if you are served with a Michigan personal protection order. He always has your back.
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