What Happens If You Violate a Personal Protection Order

In Michigan, a Personal Protection Order, or PPO, is an important legal tool that can protect individuals from harassment, stalking, or domestic violence. Violating a PPO is a serious criminal offense that carries severe penalties. If you were charged with violating a PPO, you should take the accusations seriously. An experienced Michigan defense attorney can protect your rights and mount an effective defense.

What Is a Personal Protection Order, or PPO?

A Personal Protection Order is a court-issued legal document that protects individuals who face potential harm by others. They are typically sought by individuals who are experiencing threats, abuse, or harassment from a former spouse or romantic partner, or someone with whom they share a child. The purpose of a PPO is to prevent further harm or threats by restricting the actions of the person accused of causing harm.

The PPO can include various provisions that prohibit the Respondent (the person against whom the PPO is issued) from entering certain places or engaging in behaviors that harm, threaten, or harass the individual who requested the order (the Petitioner) or any minor children.

How Does Someone Obtain a PPO?

Personal Protection Orders are issued by the circuit court. To receive a PPO, the Petitioner must clearly explain the reasons they believe they need one. The court will review the petition and can decide whether to issue a PPO and the specific terms of its restrictions. Once issued, a PPO is entered into the Law Enforcement Information Network and is accessible to police departments across Michigan.

A petition for a PPO is not a criminal matter. Having a PPO issued against you does not mean you will have a criminal record. However, a PPO can turn into a criminal case if you are charged with violating its terms.

How Can a Person Violate a PPO?

A violation of a PPO occurs when an individual knowingly engages in behavior that is prohibited by the protection order. Common examples of violating a PPO include:

• Assaulting the individuals named in the PPO
• Removing minor children from the individual who has legal custody of them in the absence of a court order
• Entering a premises that is prohibited by the PPO
• Threatening to injure, harm, or kill a protected individual

To prove a violation of a PPO, the prosecutor must establish that a valid PPO was issued and active during the alleged incident, that the defendant was aware of the PPO, and that the defendant intentionally engaged in conduct prohibited by the PPO.

What Are the Penalties for Violating a PPO?

Violation of a PPO is a misdemeanor, punishable by up to 93 days in jail and a $500 fine.

Individuals under 18 who are charged with violating a PPO will have their cases heard in juvenile court, where the focus is on rehabilitation and may involve interventions like counseling, community service, and other measures available through the juvenile court system.

How a Michigan Defense Attorney Can Help

Defending against charges that you violated a PPO requires assistance from a skilled and experienced defense attorney. Common defense strategies include:

• Lack of Notice. If you were not properly informed of the existence of the PPO and its terms, you cannot be liable for violating it.
• Accidental Violation. If a violation occurred, showing that it was accidental can help minimize the severity of the punishment. Unknowingly violating a PPO, such as by being in the same place as the petitioner without intending to be, can be useful as part of your defense.
• Induced Violation. Showing that the petitioner invited or provoked the violation can weaken the case against you.
• Lack of Harm. Demonstrating that the violation did not result in harm to the petitioner can help lead to reduced penalties.

Contact the Criminal Defense Attorney at Elmen Legal Today

Violating a PPO in Michigan is a serious offense that can lead to significant penalties. Experienced legal counsel can protect your rights, your freedom, and your reputation. Robert Elmen has extensive experience defending individuals charged with violating a PPO in Michigan and other criminal charges that may accompany these allegations.

To learn more, call (734) 707-8915 or contact Elmen Legal online to schedule an appointment to discuss your situation and how criminal defense attorney Robert Elmen can help. Elmen Legal is located in Ann Arbor and represents individuals facing criminal charges throughout Michigan.