How to get a Personal Protection Order in Michigan

A personal protection order (PPO) is a court order that stops interference with a person’s personal liberty, stalking behavior, threats of assault or violence, harassment through repeated unwanted contact, or threatened removal of children. You can get a personal protection order if you have a reasonable fear for your personal safety or liberty, and certain criteria are satisfied.

Types of PPOs

There are four types of personal protection orders in Michigan:

• Domestic Relationship PPO
• Nondomestic PPO
• Nondomestic Sexual Assault PPO
• Extreme Risk Protection Order (ERPO) a/k/a “Red Flag” order

Each PPO type has distinct differences that differentiate due to context, such as prior relations between the victim and the abuser, or the likelihood of future abuse.

Domestic Relationship PPO

A domestic relationship personal protection order is one where the judge has been shown that the abuser is in a domestic relationship with a victim and that they are likely to assault, threaten, harass, or stalk the victim.

What classifies as a “domestic relationship” with the abuser is if they are:

• Current or ex-spouse
• Your child’s other parent
• Someone you lived with or lived with prior
• Someone you have dated romantically

A domestic relationship PPO can prohibit the abuser from:

• Entering your home
• Removing your children from you in violation of a court order
• Stalking you
• Threatening or injuring you

The victim may be able to ask for specific types of protection and the judge will ultimately determine what the PPO will actually prohibit.

Nondomestic PPO

The purpose of a nondomestic personal protection order is mainly suited to protect victims who are not in a domestic relationship from stalking behavior. A nondomestic PPO is also referred to in more common terms as a “Stalking PPO”. To get a nondomestic PPO, one must prove that there were at least two incidents of harassment, and in this legal context, harassment is contact you don’t want that has no valid purpose and causes emotional harm or fear.

A nondomestic PPO can prohibit the abuser from:

• Calling you
• Following you
• Sending you mail or other messages

The victim may be able to ask for specific protection on a case-by-case basis, and the judge will make the choice on what the PPO will actually prohibit.

Nondomestic Sexual Assault PPO

A nondomestic sexual assault PPO is one where the judge has been shown that the abuser sexually assaulted or threatened sexual assault against a victim with whom they are not in a domestic relationship. If the victim is under the age of 18, sexual assault includes sending obscene material to said victim.

A nondomestic sexual assault PPO can prohibit the abuser from:

• Stalking you or appearing in your sight
• Appearing at your work or home
• Sending messages or calling you
• Going into or staying on property you own, rent, or occupy

The victim may be able to ask for specific protection on a case-by-case basis, and the judge will make the choice on what the PPO will actually prohibit.

Extreme Risk Protection Order

ERPOs allow civil courts to temporarily prevent people at risk of harming themselves or others from possessing or purchasing firearms. A request for an ERPO must state facts to establish that the person can reasonably be expected within the near future to intentionally or unintentionally seriously physically injure themselves or others by a firearm and the person has engaged in an act or made significant threats that substantially support the expectation. The request must also indicate whether or not that person carries firearms related to their job or is known to possess firearms. ERPOs may be requested by law enforcement, current and former spouses, dating partners, roommates, those with a child in common, legal guardians, and immediate family such as grandparents, aunts, uncles and first cousins, or by healthcare providers. The person served with an ERPO must turn in all firearms to law enforcement within 24 hours of being served with the ERPO.

How to get a PPO

Knowing which PPO to get and communicating the information needed to obtain the protection you need can be confusing and frightening. The emotional and logistical stress is best faced with legal support and guidance. At Wilson Kester the Empowered Divorce Source, we work diligently to ensure our clients feel safe and supported to both obtain their legal goals and protect their peace and safety. A PPO Petition is a document that we will prepare for you so that you can ensure your liberty and safety and can freely take the next step to a better life. Our firm is committed to empowering those seeking change. At Wilson Kester, we provide comprehensive guidance and legal counsel, including during separation or divorce, fully supporting our clients through an empowering process. For your family law needs in Michigan, Wilson Kester, the Empowered Divorce Source, is here to help.