What Should I Do If a Personal Protection Order is Filed Against Me?

A Michigan Personal Protection Order (PPO), also known as a protective order, can be put in place to protect people who are victims of domestic violence, dating violence, or stalking. A protective order is an injunction that prevents one person from taking actions that threaten or harm another person. When a protective order is in place, police can intervene anytime the person who filed for the PPO (the Petitioner) feels threatened.

Even though a Michigan personal protection order is not a criminal case, having a protective order taken out against you can affect your freedom. For example, when a protective order is in place, you could be prevented from:

• Being present in certain locations, including your own home
• Communicating with the Petitioner and other people named in the order, including your children
• Having a gun — even if your job requires that you have one

A PPO can also be a factor in a divorce or child custody case, and you could be arrested without a warrant for allegedly violating a PPO. If a judge determines you violated the terms of the protective order, you could face fines and jail time.

Michigan Personal Protective Order vs. Restraining Order

In Michigan, a restraining order is known as a “personal protective order.” A personal protective order is a civil court order intended to stop violence and harassing behavior.

Michigan courts can issue two types of personal protective orders:

• A “domestic relationship personal protective order” can be issued when the Petitioner claims they are the victim of domestic violence, meaning the alleged violence involved a spouse, former spouse, or someone with whom the Petitioner was romantically involved, lived with, or shared a child.
• A “stalking personal protective order” can be issued in cases where the Petitioner claims they are being stalked, which means someone allegedly engaged in a pattern of threatening or harassing conduct that made the Petitioner feel frightened.

Michigan personal protective orders are often issued ex parte — without a full court hearing and without the Respondent being present.

What Can I Do If Someone Files for a Protective Order Against Me?

If someone has filed for a protective order against you, consider talking to a lawyer. Attorney Robert Elmen can review the terms of the protective order and file a motion asking the judge to modify the terms of the order or even terminate it before it expires.

To challenge a personal protection order in Michigan, you must file your motion in the court that issued the order. The court will schedule a hearing, and you and the Petitioner will have a chance to explain your side of the story. At the end of the hearing, the judge will decide whether to continue, modify, or terminate the protective order.

Deadline for Responding to a Michigan Personal Protection Order

Once you learn someone has filed for a PPO against you, you only have 14 days to file a motion to modify or terminate the protective order.

If you do not respond to the PPO within 14 days and later wish to challenge the order or its terms, you will need to show “good cause” (a valid reason) for why you did not file your motion earlier. If the judge does not find you had good cause, your motion to modify or terminate the protective order will be denied.

If you file your motion within the 14-day deadline, the judge will schedule a hearing within 14 days. If you are a law enforcement officer and the PPO prohibits you from having a gun, the hearing will be set within five days.

“Should I Respond to a PPO Even If I Don’t Want to Have Contact with the Petitioner?”

People often believe that having a PPO taken out against them does not matter because they are not interested in having contact with the Petitioner. This belief is flawed and could lead to serious consequences.

A PPO is entered into the Law Enforcement Information Network (LEIN) database. When someone searches the network for your name, the PPO will come up, which could suggest you are dangerous and pose a threat. Companies that conduct background checks can report records of PPOs to potential employers, licensing agencies, banks, and other interested parties.

If the Petitioner claims you violated a PPO, you face fines and possible jail time. Because a PPO is a civil order, the burden of proof for proving a violation of a protective order is substantially lower than in a criminal case. In a criminal case, the prosecution must prove their case “beyond a reasonable doubt.” But in a civil case, the burden of proof is a “preponderance of the evidence,” which is a much lower standard. The likelihood that you will be found to have violated the PPO is much higher, and the Petitioner almost always gets the benefit of the doubt.

If the Petitioner claims you violated the PPO and the court finds you in contempt, you could face up to 93 days in jail and a fine of up to $500. When you get out, the Petitioner could make the same accusations, leading to a cycle of fines and jail time for as long as the PPO is in place.

If the Petitioner’s claims in the request for a PPO were exaggerated or untrue, the Petitioner could similarly make false allegations that you violated the terms of the PPO. In addition, the Petitioner could perceive innocent conduct as a violation. For example, you could be accused of violating a PPO if you and the Petitioner are inadvertently in the same movie theater, bar or restaurant, park, or grocery store.

Elmen Legal Can Defend You Against a Petition for a Personal Protection Order

If someone has obtained or is trying to obtain a Michigan personal protection order against you, you should call Elmen Legal immediately at (734) 707-8915. Attorney Elmen has extensive experience representing people accused of domestic violence. He is adept at navigating these complex, emotional issues and the other challenging legal issues that commonly arise when someone claims they are a victim of domestic violence.