How can I file a restraining order on my abusive ex?
On Behalf of Kirsch Daskas Law Group | Nov 13, 2019 | Firm News |
Courts use restraining orders to limit what a person can or cannot do. If you have been in an abusive relationship and fear that your ex might retaliate, then filing a restraining order may be in your best interest.
In Michigan, restraining orders are more commonly known as personal protection orders (PPO). PPOs for domestic relationships are generally used for prohibiting the other person from contacting you in any way. If the offender violates this order, they could face severe repercussions, including jail time and new charges.
Domestic relationship PPO filing process
Filing for a PPO requires a decent amount of paperwork, but the process often moves quickly. To begin the process, you must head over to the courthouse and ask for a domestic relationship PPO petition. When filling out the required forms, it is crucial to be specific as possible about your ex’s abuse.
After filing the petition and forms, an ex parte motion will be scheduled. You will need to show the judge that you could be in danger if he does not issue a PPO immediately. If you have provided sufficient evidence, the judge can issue a temporary domestic relationship PPO for a minimum of 182 days within 24 hours of you filing your PPO. This PPO is now legally enforceable everywhere in Michigan.
After the judge has issued the PPO, the abuser will be served papers letting them know about the restraining order. You legally cannot notify the abuser yourself. A police officer, lawyer or anyone else must serve the abuser in person or through the mail. Once the offender receives this notice, the PPO can be legally enforced anywhere in the country.
Filing for a temporary personal protection order can be complicated on your own. Working with a domestic violence attorney can help you through the process. Your attorney will understand Michigan’s specific laws and provide guidance each step of the way.
