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Understanding Protective Orders in Domestic Violence Cases: Key Insights for Domestic Violence Awareness Month

October is Domestic Violence Awareness Month and it's a time when we bring attention to one of the most traumatic areas of criminal law — domestic violence. In Michigan, protective orders act as important tools to help prevent further abuse or harassment and ensure the safety of victims. These orders, officially known as Personal Protection Orders (PPOs), can drastically affect both the accused and the filer, legally, emotionally, and personally. In this blog post, we break down the different kinds of protective orders available in Michigan, how they work, who can get one, and what to do whether you're seeking protection or have been served with one.

What is a Personal Protection Order (PPO)?

In Michigan, a Personal Protection Order (PPO) is a court order intended to protect individuals from threats, harassment, stalking, assault, or property destruction. The goal is to stop or prevent harm before it occurs. Once issued, a PPO can prohibit the other party (the respondent) from having contact with or coming near the protected person (the petitioner).

There are three general types of PPOs in Michigan:

  • Domestic Relationship PPO: This applies when the respondent is someone you have or had a domestic relationship with — for example, a spouse, someone you dated, lived with, or with whom you share a child.
  • Stalking PPO: If there is no domestic relationship, this type applies to situations where the respondent has committed two or more acts of stalking.
  • Sexual Assault PPO: For cases involving actual or threatened sexual assault—even if a domestic relationship does not exist.

Each PPO type has specific criteria and must be granted by a circuit court judge based on the evidence submitted in a petition.

How to File a PPO in Michigan

Filing for a PPO is often done during moments of extreme stress, fear, or urgency. That’s why understanding the process in advance can empower you or someone you care about if such a need ever arises.

To file a PPO, you must complete and submit several forms to your county’s circuit court. These include a Petition for Personal Protection Order and a proposed PPO. Once filed, a judge will review your request.

You do not need an attorney to file a PPO, but legal representation can help ensure your petition is thorough and your rights are protected. Sometimes, PPOs are denied simply because the petition was incomplete or lacked supporting details.

You can request a PPO:

  • With notice: The respondent gets a copy of the petition and is invited to a hearing before the order is issued.
  • Ex parte (without notice): If the danger is imminent and providing notice would put the petitioner at further risk, the judge can issue the order without waiting for the respondent’s input.

Most ex parte PPOs are reviewed and, if approved, are immediately enforceable once served.

Common Restrictions in a PPO

A PPO can include various restrictions that limit the respondent’s behavior. The specifics vary by case, but common prohibitions include:

  • Approaching the petitioner’s home, workplace, or school
  • Sending emails, texts, or making phone calls
  • Stalking or following the petitioner
  • Possessing or purchasing firearms
  • Threatening or assaulting the petitioner

If these terms are violated, the violator can be arrested and face serious criminal charges and jail time.

Duration and Enforcement

A PPO usually lasts for up to one year but can be extended by petitioning the court. You can’t just call the police and say, “he was around me”; the PPO must be specific, and violations must be clear.

Once a PPO is signed, it must be entered into the Law Enforcement Information Network (LEIN), which allows police agencies to enforce it statewide. In some counties, the court will do this automatically. In others, you’ll be responsible for ensuring law enforcement has a copy.

It’s important that evidence of a violation – including photos, messages, or witness statements – be preserved for enforcement to be successful.

What Happens If You're Served With a PPO

Receiving notice of a PPO against you can be upsetting, especially if you believe it is unjustified. However, it’s essential not to violate the order — even if you feel it was issued unfairly.

If you've been served with a PPO, here’s what you need to do:

  • Read the terms carefully: You are legally bound by the restrictions the moment you are served.
  • Do not contact the petitioner: Even to "clear things up" — this is a violation.
  • File a motion to terminate or modify: This gives you a chance to contest the PPO in court. You have 14 days from the date you were served to file this motion.

A circuit court hearing will be scheduled where both parties can present evidence. If the judge finds that the PPO is unnecessary, it may be modified or terminated.

Keep in mind that violating a PPO is a criminal offense. It could lead to arrest, additional charges, and jail time. If you've found yourself in this position, call a Michigan criminal lawyer immediately.

Attorney Aaron J. Boria can help you fight unfair PPOs and protect your rights. Call (734) 453-7806 for a free consultation.

How PPOs are Handled in Michigan Courts

PPOs are civil matters, but violating one can lead to criminal consequences. In Michigan, these cases are handled in the family division of the circuit court in the county where the petitioner resides.

Some counties grant PPOs more readily than others. Judges may have different interpretations of what constitutes immediate danger or credible threat. If the judge denies an ex parte PPO, you still have the right to request a hearing with the respondent present.

If the PPO is granted, you can take steps to modify it later. For example, if both parties are attending counseling or improving communication, either party can petition the court to limit or eliminate certain provisions. However, you must never assume the conditions have changed without official court action.

PPOs and Domestic Violence Charges

Sometimes, a PPO is the first legal step a person takes in a domestic violence case. Other times, it’s issued after criminal charges have already been filed. In either case, the PPO and the criminal proceedings are separate matters legally, but they often overlap.

For example, suppose someone is arrested and charged with domestic violence under Michigan Compiled Laws 750.81. In that case, a PPO might be issued to protect the complainant, and a court might also issue a No Contact Order as part of the bond conditions. Violating either can lead to your bond being revoked and new charges.

Some falsely believe that if the protected person initiates contact after a PPO is issued, it's “fair game” to respond. That’s not true. In Michigan, the burden is entirely on the respondent to follow the order. Even if the petitioner texts first, you cannot reply.

These technical violations often result in criminal charges. If you're dealing with a PPO alongside domestic violence allegations, you need a lawyer who knows how to fight both effectively.

Are PPOs Public Record?

Yes. Once a PPO is granted, it becomes a public court record. This means employers, landlords, and even the general public can search court records and see that a protective order was entered against you.

While a PPO is not a criminal conviction, the stigma of having one on your record can cause long-term personal and professional damage. That’s one reason why it’s important to challenge PPOs that were filed in bad faith or exaggerated conditions.

If a PPO has expired or was dismissed, you may be able to have the record made non-public under certain conditions. Call (734) 453-7806 to speak with attorney Aaron J. Boria and see what your options may be.

Getting Help

If you’re a victim of domestic violence and need immediate protection, don't hesitate to file for a protective order. Be as specific and detailed in your petition as possible. Include any documented threats, history of abuse, police reports, or witness statements.

If you've been falsely accused or served with a PPO, you don’t have to face the judge alone. These cases can be dismissed if the right evidence and arguments are presented. Our office has fought against hundreds of unjust PPOs and criminal domestic violence charges, with results that include dismissals, modifications, and even not guilty verdicts.

Contact attorney Aaron J. Boria today at (734) 453-7806 for a free consultation. We'll guide you through the process, help you fight back if you're being targeted unfairly, or help protect your rights if you're in danger.

For more information about our services and approach to criminal defense, visit our criminal defense page.

Conclusion

Protective orders are serious legal instruments with long-lasting effects — both for those seeking protection and for those contesting them. As Domestic Violence Awareness Month reminds us, these legal avenues are here to safeguard people from harm. But like any court action, they must be handled with the utmost care, precision, and understanding of Michigan law.

If you or someone you care about is considering filing for a PPO, or has had one filed against them, make sure you're equipped with the right legal help. Timing and evidence matter — and the right lawyer can make the difference between a protective order that protects and one that punishes unjustly.

Call Aaron J. Boria at (734) 453-7806. We’re here to help you protect your safety, your rights, and your future.