There are two types of personal protection orders. The first personal protection order involves domestic relationships. They restrain a spouse, former spouse, person who resided with the victim, person who has a child in common with a victim, and a person who has or had a dating relationship with a victim. The second type of personal protection order is a non-domestic relationship personal protection order. This PPO is known as a stalking PPO.
A personal protection order is obtained through the Circuit Court in a county in which the petitioner resides. There are no fees for a personal protection order petition.
STANDARD OF REVIEW– The court must issue a personal protection order if the court determines that “there is reasonable cause to believe that an individual may commit one or more of the prohibited acts”. A prohibited act includes entering on the premises, assaulting, attacking, threatening to kill or physically injure, purchasing or possessing a firearm, interfering with the person’s place of employment, or any other specific act or conduct that interferes with personal liberty or that causes a reasonable apprehension of violence. The court must consider testimony, documents, and other evidence offered in support of a personal protection order. Personal protection orders are immediately effective and enforceable even though the respondent has not received a copy of the personal protection order. A failure to serve the personal protection order does not affect its validity.
If court refused to grant an ex parte personal protection order, the court must state the reasons in writing and advise the petitioner of the right to a hearing.
If a respondent objects to a personal protection order, then the respondent must file a motion and request a hearing within 14 days after service or actual notice of the personal protection order. The respondent must serve the petitioner with a motion and notice of hearing to revoke the personal protection order. The court must hold a hearing on the motion within 14 days after filing.
PPO VIOLATIONS- If a personal protection order is violated, the petitioner must appear before the court and show cause why they are not in contempt. If there has been a violation, the court can then decide the proper sanction. The sanction can include a fine and a jail term. An attorney will assist you in requesting or objecting to a personal protection order for typically a fee of 750.00 to 1,000.00 dollars.
If you are facing a PPO hearing, a good attorney is not optional, it is a requirement! Our PPO attorneys can answer your questions with straight talk. We can relieve your stress during this difficult situation. Our attorneys have over 95 years of domestic law experience. Our attorneys have extensive trial experience.
Krupp Law Offices P.C. is located in downtown Grand Rapids, Michigan and has the right divorce attorney for you. We represent clients in all divorce matters throughout West Michigan, , including the cities of Grand Rapids, Big Rapids, Ionia, Grand Haven, Stanton, Greenville, Wayland, Allegan, Holland, Newaygo, White Cloud, Fremont, Coopersville, Hastings, Middleville, Wyoming, and Rockford including Kent County, Ottawa County, Newaygo County, Ionia County, Mecosta County, Barry County, Montcalm County, and Allegan County Michigan.
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