Robert B. Relph Divorce Law Blog on Lawyers.com

Any Circuit Court in the State of Michigan may issue a Personal Protection Order to restrain or enjoin a spouse, former spouse, an individual with whom he or she has had a child in common, an individual with whom he or she has or has had a dating relationship, or an individual residing or having resided in the same household as the petitioner. 

The Court can restrain or enjoin such an individual from doing one or more of the following acts:

 1. Entering onto premises.
 2. Assaulting, attacking, beating, molesting, or wounding a named individual.
 3. Threatening to kill or physically injure a named individual. 
 4. Removing minor children from the individual having legal custody of the children.
 5. Purchasing or possessing a firearm.
 6. Interfering with the petitioner’s employment or education.
 7. Any other conduct that interferes with personal liberty, or that causes a reasonable apprehension of violence.

Michigan law provides that the court shall issue a Personal Protection Order if the Court determines that there is reasonable cause to believe that the individual to be restrained may commit one or more of the acts above listed.  In most jurisdictions the Court will sign a Personal Protection Order based simply on a sworn statement by the petitioner, and without any advanced notice to the person against whom the Personal Protection Order is sought.  This means that in a vast majority of  cases the person against whom the order is sought will have no say about the initial entry of a Personal Protection Order, and will likely have no knowledge that one is being sought.  Michigan law also says that a Court cannot refuse 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 Personal Protection Order is valid the moment it is signed by the Court, and prior to the service of that order on the person against whom the order is entered.

A Personal Protection Order is valid for not less than 182 days from the time it is signed.  A violation of a Personal Protection Order could subject the person to the criminal contempt powers of the Court, and, if found guilty, shall be imprisoned for not more than 93 days and may be fined not more than $500. 

The person against whom a Personal Protection Order is issued may file a motion to modify or rescind the Personal Protection Order and must request a hearing within 14 days after the order has been served upon that individual.

Michigan law also provides that an individual who knowingly and intentionally makes a false statement to the Court in support of his or her petition for a Personal Protection Order is subject to the contempt powers of the Court.

All of the above indicates that Personal Protection Orders in the State of Michigan have become very “serious business.”  Personal Protection Orders are issued  fairly routinely and frequently in the courts of the State of Michigan.  Although there clearly has been a need for Michigan law to permit persons a means to protect themselves with a court order, it is also becoming clear that in a number of instances the use of Personal Protection Orders has been abused.  Therefore, if a person feels the need to have a Personal Protection Order entered, or a person has a Personal Protection Order entered against them, it is important for either of those persons to have the competent advice of a well–qualified attorney, particularly one who has had experience with such orders.

Attorney Robert Relph is a divorce mediator in Grand Rapids practicing family law including separation, child custody and divorce. Visit our website at http://www.relphlaw.com or call toll free 1-877-622-6959 to schedule a consultation on your case.

Law Offices of Robert Relph
3265 Walker Avenue, NW
Suite C
Grand Rapids, Michigan 49544