As we have said before, your health and safety is the most important thing to us. Here at Haque Legal, we know when things are urgent.
Domestic Violence is a matter that is urgent for you and your children. If you think that you need it, please feel free to contact us.
If you are just browsing, this article reiterates some information on the things you need to do for the processing of the Personal Protection Orders (PPO) works in the State of Michigan.
A Personal Protection Order (PPO) is not something that you can easily get. People who say that they need a personal protection order must file a petition with the court. The petition for the PPO must state what the abuser has done and how the person applying for the PPO has been harmed by such a person.
What Should Be Included in the Petition for PPO?
In the petition for the personal protection order, there must be a clear narration of the circumstances that happened that states what the abuser has done to the person harmed and the kind of harm caused by the abuser. This would include the following:
- A narration of the circumstances of the abuse;
- A clear statement on the dates and time of the year that the events happened; and
- The police reports and other documents may help prove the claim. If these documents do not exist it is not a problem as long as the circumstances are clearly stated.
Is the PPO automatically granted?
A personal protection order is not automatically granted by the judge. There needs to be a clear showing that harm had been caused by the abuser to the person claiming the abuse. However, the individual can still get temporary protection by asking for an emergency order that is called an ex parte order.
An ex parte order is an order of the court that protects you from the abuser from getting wind of the petition before the court issues the PPO. This is very important especially in the situation where the abused individual is afraid that once the abuser finds out that there is a petition against him that he would continue abusing and causing harm to the person abused.
What if I do not ask for an ex parte order?
Your failure to ask for an ex parte order will mean that the court can not shield the abuser from knowing that a petition is filed against him. The court will inform the abuser of the petition and we’ll schedule a hearing to decide whether it is proper to give you the protection order or not. The hearing is usually scheduled within 21 days from the filing of the petition.
How does the abuser find out?
Your abuser will find out that you found a petition against them because you will be found by the court to submit a petition copy and a notice of hearing that is delivered directly to the abuser.
What happens during the hearing?
Once the hearing is set you and your abuser will have a chance to speak and may be able to ask questions. You may present witnesses and other evidence that prove your claim. It has been dependent on the judge to approve your petition or not.
What will my PPO state when it is approved?
The personal protection order that would be granted to you by the judge would have the following statements:
- It will have the statement that the personal protection order is effective immediately and is enforceable anywhere in Michigan.
- The personal protection order will also include the actions that your abuser will be prohibited from doing as well as what happens if he or she violates the order.
- It will also include when the order expires.
How do I enforce my PPO?
If you have a previous relationship with your abuser you might be tempted to reconcile with them and agree to the behavior that they do that violates your protection order. If you are within the cycle of abuse and you are having a hard time getting out of it just keep in mind that you can always get the abuser arrested for any behavior that violates the order even if you have already agreed to it.
As long as the order has not yet expired you can still enforce it even if you go back to the previous relationship if you are in with the abuser.
What happens after the expiration of my PPO?
After the expiration of your protection order, you can always go back to court and apply for one. It is also important that you keep the number of your lawyer at hand as well as all of the documents that are related to the first application of the personal protection order. Keep in mind that no matter how much personal protection order that you have, the best person who can enforce it would be you.
You Might Need Personal Protection
If you are here on this page and you think that you need a personal protection order we would recommend that you contact us as soon as you can so we can get the process started. The legal consequences of domestic violence are dire and must be addressed as soon as possible. Our law firm is dedicated to making sure that those who are innocent will be protected by the law and the full extent of justice will be used.
Disclaimer
The article that you have read is based on general applications of the law. It is not legal advice and it is not to be construed as any legal consultation with the firm. No client-attorney relationship is created when you read the articles we have provided.
Let us help you out
If you need help with filing for a personal protection order, we are here to help. Our operators are always standing by to help you out.
The post How Do I Get A Personal Protection Order in Michigan? appeared first on Haque Legal.