Regarding Personal Protection Orders in Michigan
Even rational, law-abiding people sometimes lose control at a stressful time such as during the breakup of a marriage. Separation or divorce is never an easy matter for most people. Pressures related to finances, strained relationships with children or in-laws and the threat of a painful separation could cause ordinarily caring, self-possessed people to snap and do and say things that they would never have expected of themselves.
The spouse or partner who feels threatened often looks to legal avenues of protection when he or she feels frightened or threatened. The party who feels threatened may accuse the other of stalking, harassment or domestic violence.
It is important to consider the ramifications of a personal protection order before seeking one — and what steps to take to maximize personal security. Requesting a personal protection order as a tool of revenge is likely to backfire.
Requesting one when there is good reason to fear for one's safety, however, is often appropriate. A trustworthy family law attorney is an invaluable ally and advocate at a time like this.
If you need a personal protection order, you do have the option to go to court on your own and ask for an ex parte order in an emergency. An experienced family law attorney is a valuable source of information and advocacy at a time of marital or family disruption.
Being named in a personal protection order has significant legal ramifications that can affect your employment, reputation, and education. When an ex parte PPO is obtained (an order without a hearing), it is automatically placed into the Lien system and becomes immediately enforceable, even if the subject has not been formally notified of its entry. A petition to rescind or modify the PPO must be filed within 14 days, so time is of the essence in responding to these orders. A PPO may ban a person from his or her own home and children, making it extraordinarily challenging to go about daily life normally. If you have been named in a PPO, you are advised to consult with an attorney to learn how best to get it rescinded or modified promptly if the facts warrant that.
Our Detroit area family law attorneys welcome inquiries and questions regarding personal protection orders in Michigan, as well as other relevant family law matters such as temporary spousal support and child support orders while a divorce is in progress. Talk to a lawyer at Schwartz Law Firm in Oakland County to schedule a consultation.
If your spouse has locked you out of the house — or if you are worried that your spouse or partner may take your child out of town or out of the home without your knowledge or permission, consult with an attorney as soon as possible.
