Personal Protection Orders
Personal protection orders (PPOs) safeguard individuals from domestic violence or stalking. A PPO protects people who are married, dating, formerly married or dating, or who share a child. PPOs often include restrictions on certain behaviors or contact to ensure safety and prevent harassment at home or work.
Petitioning for a Personal Protection Order
To obtain a PPO, our attorneys draft a petition outlining the dangers you have faced to help secure your safety. You can submit your petition ex parte, meaning without notifying the other party. Ex parte filings are common when immediate harm is a risk, as notifying the other party could increase danger. Our trauma-informed attorneys collaborate with you to develop safety plans and advise you on protections that prioritize your family’s safety.
Once the Order is Issued
After the court issues a PPO, either party can request a hearing. The respondent, subject to the PPO restrictions, may contest its necessity or request changes to its terms. Both parties present evidence during the hearing to determine if the PPO should be issued, continued, or modified. The petitioner must prove the need for the PPO.
The judge or referee evaluates whether reasonable cause exists to issue the PPO, applying Michigan’s lowest burden of proof due to the critical importance of safety. Once the judge grants a PPO, it becomes effective immediately and is entered into the Law Enforcement Information Network (LEIN). If law enforcement serves the PPO and the respondent violates it, enforcement occurs immediately.
Navigating PPOs in Divorce and Custody Cases
PPOs can complicate divorce and custody matters, as conflicts may arise between protection orders and parenting time schedules. Co-parenting with someone subject to a PPO presents challenges, but tailored PPO provisions can help. For example, parenting exchanges can occur through third parties or programs like Safe Haven, while communications can be managed through tools like Our Family Wizard.
Since PPO terms override custody and parenting orders, modifications to the PPO or parenting plan may be necessary to align with the best interests of everyone involved.
At Wilson Kester – the Empowered Divorce Source, our attorneys are trained to empower our clients who experience domestic violence so that they may live in safety and are empowered to effectively co-parent, free from harassment. We are here to help you navigate the intersection of a PPO and your divorce so that you and your children can move forward in a safe and emotionally healthy way.