Michigan Personal Protection Orders
When people talk about getting a "restraining order" they are talking about what is technically called a Personal Protection Order (PPO). PPO's are court orders that are meant to protect the Petitioner from threats or violence from a particular person, the Respondent. PPO's generally last one year, but can last much longer in some cases. While having a PPO against you does not give you a criminal record, it can severely affect your freedom. A PPO can prevent you from visiting certain locations or communicating with certain people. Having a PPO against you may mean that you are forbidden from possessing a firearm, even if you are otherwise eligible to do so. Violating a PPO can lead to serious criminal charges and arrest. A PPO may also be used against you in a divorce or child custody case.
What Is A PPO?
A Personal Protection Order (aka PPO) is a court order which prohibits a person (the respondent) from engaging in a variety “harassing” behaviors that are aimed at another (the petitioner). A PPO may also stop someone from coming to the petitioner’s home or work place. It can stop them from buying a firearm or finding the petitioner’s address through school records. It can also stop them from taking a minor child unless required by the court. Most importantly, a PPO is a court order, the violation of which can result in jail time for the respondent. Here is a complete list of things a PPO can prohibit:
- Entering onto premises.
- Assaulting, attacking, beating, molesting, or wounding a named individual.
- Threatening to kill or physically injure a named individual.
- Removing minor children from the individual having legal custody of the children, except as otherwise authorized by a custody or parenting time order issued by a court of competent jurisdiction.
- Purchasing or possessing a firearm.
- Interfering with petitioner’s efforts to remove petitioner’s children or personal property from premises that are solely owned or leased by the individual to be restrained or enjoined.
- Interfering with petitioner at petitioner’s place of employment or education or engaging in conduct that impairs petitioner’s employment or educational relationship or environment.
- Having access to information in records concerning a minor child of both petitioner and respondent that will inform respondent about the address or telephone number of petitioner and petitioner’s minor child or about petitioner’s employment address.
- Engaging in conduct that is prohibited under section 411h or 411i of the Michigan penal code, 1931 PA 328, MCL 750.411h and 750.411i.
- Any other specific act or conduct that imposes upon or interferes with personal liberty or that causes a reasonable apprehension of violence.
If a PPO is granted, it will remain in effect for 182 days unless otherwise terminated by the court.While not a conviction, when a PPO is issued, it will immediately be entered in the LEIN (Law Enforcement Information Network) system. Once there, it will be able to be found by members of law enforcement as well as any potential employer who is conducting a routine background check.
Legal Terms For Michigan PPOs
How Can I Fight a PPO?
There are two ways that a court can grant a PPO. The first is as an ex parte order. This means that the court will grant the PPO without a hearing to allow the respondent to defend themselves against the claims in the petition. If the court enters the ex parte order, the respondent has 14 days – from the date of personal service of the PPO – to request a hearing to rescind the Order. The second way a court will grant a PPO is by having a full blown hearing before issuing the order. At both of these hearings the burden is on the petitioner to prove that the respondent has been engaging in harassing behavior.
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