Protecting your Rights is critically important when it comes to Personal Protection Orders in Michigan
Whether you call it a restraining order or a personal protection order, the purpose of either is to protect a person from threats or violence from another person. Michigan law refers to these court orders as a personal protection order (PPO) and has created a distinction between domestic PPO’s and nondomestic PPO’s
A domestic PPO is an order granting protection from a spouse or former spouse, someone you have a child in common with, someone you are dating or a former partner, or someone you have lived with. It must be shown that the person you are seeking a domestic PPO against is violating your personal freedoms or has threatened or actually committed an act of violence against you.
A nondomestic PPO is for any other person that does not fall under the guidelines of a domestic PPO. The major difference between the two is that a court order for a nondomestic PPO will only be granted if you can should a pattern of two or more acts by another person, without your consent, that made you feel threatened, frightened, or harassed. Any type of physical harm from someone such as a beating, molestation, or wounding would also apply to nondomestic, as well as domestic, PPO’s.
There are numerous legal protections that come with obtaining a PPO against another. A PPO can, among other things, prevent someone from legally entering a premise, purchasing or possessing a firearm, showing up to a victim’s home or place of work, and approaching a victim in a public place. Once the PPO is signed by a judge, it is effective immediately and can be enforced anywhere in Michigan. After the PPO is served, it can be enforced in another state as well.
Those facing Personal Protection Orders in Michigan also have legal rights if the PPO was improperly granted. The assistance of an experienced criminal defense attorney in protecting your rights is vital. An individual cannot simply run down to the court, make up a few stories, and receive a PPO against another person. Michigan has put in place safeguards in case something like this ever happens. Often times in Michigan, a PPO has been approved ex parte, which means that the person who is restrained is completely unaware of the proceedings and the order that was granted. However, at some point the person being restrained must be served with a notice of the PPO. Within 14 days of this happening, the individual has the right to file a motion to modify or rescind the order. This is often a crucial time as experienced criminal defense attorney orders last at least 182 days, often times longer.
Knowing what can be done to stop or modify an improper personal protection order is vital to an individual’s own person freedoms. Call an experienced Oakland, Macomb, and Wayne county criminal defense attorney who handles cases throughout Michigan today, if you have been served or have notice of a personal protection order against you.