A court can issue a personal protection order (PPO) to restrict specific behavior of a respondent. The stakes are high in a PPO matter because of the concern for assault, stalking, threats, or harassment. A PPO potentially has serious ramifications on the respondent because a PPO appears in the police LIEN system and the public record. Furthermore, a PPO can constrain the respondent from doing otherwise normal behavior such as contacting the petitioner, appearing in certain locations, possessing or purchasing a firearm, or even entering her/his own property!
Because of the variable legal requirements, proper categorization of the PPO sought is essential in a PPO matter. There are two main types of PPOs; a “domestic” PPO or a “non-domestic” PPO (a.k.a. stalking PPO). The issuing of a domestic PPO mandates a showing of only one instance of specified conduct.* Issuing of a non-domestic PPO mandates a showing of two or more instances of specified conduct.**
It should be noted that there is also a third type of PPO; a “sexual assault PPO.” The issuing of a sexual assault PPO requires proof that the respondent perpetrated or threatened a sexual assault against the petitioner or proof of a conviction against the respondent for sexually assaulting the petitioner or furnishing a minor with obscene material. *** It is important you or your attorney know how to suitably characterize your PPO matter to obtain the requisite most favorable to your case.
Finally, it must also be noted that the issuance of a PPO can have a great influence on the results of a custody or divorce case.
Unlike many other matters, counties tend to be much more facilitative and expedient in handling PPO matters. If one was to handle a PPO / domestic abuse matter without an attorney, the following county sites serve as good starting points:
Macomb County
http://www.macombcountymi.gov/clerksoffice/ppo/
http://www.macombcountymi.gov/prosecutorsoffice/ppo.htm
Oakland County
http://www.oakgov.com/circuit/program_service/ppo-mainpage.html
http://www.oakgov.com/foc/info_pub/domesticvio.html
Wayne County
http://www.waynecounty.com/clerk_courtsrvcs_civil_ppo.htm
http://www.co.wayne.mi.us/wcpo_divisions_dv.htm
END.
* MCL 200.6950
** See MCL 2950a in conjunction with MCL 750.411h, MCL 750.411i, and MCL 750.411s.
*** MCL 200.6950a
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Please note that the above blog article shall not constitute legal advice. Accurate legal advice should be given on a case-by-case basis as its accuracy is relative to the particular facts of the given matter.
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Founder of Guardian Law, Anthony A. DeMatteis, is an attorney who concentrates in the area of Family Law. Mr. DeMatteis promotes peaceful, constructive resolutions in domestic matters. He practices in Macomb, Oakland, Wayne, and Livingston Counties. His office and contact information is as follows:
Guardian Law
Law Office of Anthony A. DeMatteis, Esq.
14630 East Nine Mile Rd.
Eastpointe, MI 48021
(586) 662-1207; or
(586) 354-8616
anthonydematteis@gmail.com
guardianlaw24@gmail.com
