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Personal Protection Orders

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.

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What Our Clients Are Saying

“I recently went through an incredibly difficult divorce, and I am pleased to say that Wilson Kester provided invaluable assistance throughout the entire process. I cannot speak highly enough of their professionalism, expertise, and dedication to achieving the best possible outcome for their clients."

— Former Client

“Shelley was compassionate and understanding through the whole process. She has an aptitude on how to read people and was very instrumental in helping me deal with my ex-husband effectively.”

— Former Client

“She is well respected in the professional community, which was evident in our court proceedings. Shelley and her staff made me feel extremely comfortable and I knew that my best interest was at heart.”

— Former Client

“My inquiries and concerns were always promptly and thoroughly addressed, even beyond regular business hours. Ms. Kester is extremely knowledgeable in the area of family law.”

— Former Client

New Year, New You: Deciding If Divorce or Custody Modifications Are Right for You

As the new year begins, many people reflect on their lives and consider making changes to align with their goals and values. For some, this reflection might involve evaluating their marriage or existing custody arrangements. At Wilson Kester, we understand that these decisions are deeply personal and often challenging. Here’s what to consider when deciding if a divorce or custody modification is the right step for you in the new year.

Is Divorce the Right Choice for You?

Assess Your Relationship:

    • Are you and your spouse growing together or apart?
    • Do you feel supported and valued in your marriage?
    • Have you attempted to resolve conflicts through communication or counseling?
    • Have you experienced physical, emotional or financial abuse in your marriage?
    • Do you feel unsafe or threatened in your own home?
    • Has your spouses’ behavior caused you to change your daily routine out of fear?
    • Have you found yourself hiding things from your spouse to avoid conflict?
    • Are you free to express who you really are in your marriage?

If you find that your relationship is no longer healthy or fulfilling despite your efforts, divorce might be a necessary step toward building the life you envision.

  1. Consider Your Emotional Well-Being: Prolonged unhappiness or feelings of being stuck can take a toll on your mental health. How would you feel if in the new year you took the opportunity to prioritize your well-being and take steps toward a fresh start?
  2. Understand the Legal Process: Navigating the divorce process and obtaining a divorce will involve numerous procedural, legal and strategic decisions with lasting consequences. Speaking with an experienced attorney can help you understand what to expect and how to protect your interests. You can learn more about the process here.

Should You Modify Your Custody Arrangement?

Evaluate Your Current Arrangement:

    • Is the current custody arrangement working optimally for your child?
    • Have there been significant changes in your or your co-parent’s circumstances, such as relocation, job changes, changes in the home environment, remarriage or other concerns?

Modifications may be appropriate to ensure your children’s best interests are protected. Learn more about Custody Modification here.

  1. Recognize Your Child’s Needs: As children grow, their needs and schedules evolve. A custody plan that worked when they were younger may have become outgrown or require adjustments to accommodate school, extracurricular activities, or other factors.
  2. Seek Court Approval: Any changes to a custody agreement must be approved by the court. We work exclusively in the area of family law. Our experienced family law attorneys are effective and experienced in analyzing, preparing and presenting your case to maximize the odds of realizing your case goals.

How Wilson Kester Can Help

Navigating divorce or custody modifications can feel overwhelming, but you don’t have to face it alone. At Wilson Kester, our compassionate and knowledgeable attorneys are here to guide you through the process and to strongly advocate for you and/or your children. Whether you’re considering divorce or need to revisit custody arrangements, we provide personalized support tailored to your unique situation.

Start the Year with Confidence

The new year is an opportunity to make choices that reflect your values and priorities. If you’re contemplating divorce or custody modifications, contact Wilson Kester today. Let us help you take the first steps toward a brighter and better future.

Personal Protection Orders

by | May 11, 2023

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