Family law matters are rarely clear-cut and well-defined. At Melissa Pearce & Associates, our highest priority is the safety of families and children. Unfortunately, courts must sometimes become involved to ensure the wellbeing and safety of spouses, domestic partners, and children. We have worked with many clients to seek or respond to protective orders. Our family lawyers have been serving the southeast Michigan region for over ten years. Contact us today to schedule a pre-engagement meeting if you believe you have cause to seek a protective order, or if you have been served with a protective order that you believe is frivolous.
If you feel you or your children are in danger, you must immediately seek safety and contact law enforcement.
Domestic relationships can become highly emotionally charged. Michigan law allows individuals to request a Personal Protection Order (PPO) against anyone who has threatened or perpetuated violence against them. There are various categories of PPO, including a domestic relationship PPO. A domestic relationship typically involves somebody you live with, such as a spouse, partner, or parent of your child. When one of these parties threatens violence, stalks, or harasses the other, they may become subject to a protective order. Behaviors a protective order may prohibit include:
A person seeking a protective order may file a petition with a court that outlines their specific circumstances. The petition should explain to the judge the specific actions that the person took warranting protective order. When the petitioner is afraid for their safety, they may be able to receive an ex parte order. Ex parte orders do not notify the other party until after the judge grants the order. This is the exception, not the rule. If the petition is not ex parte, then the judge will schedule a hearing, and the petitioner will have to serve the documents to the alleged abuser notifying them of the hearing.
When a person files a petition for a protective order, it usually means they fear for their safety or that of their children. The legal order is an important step, but ultimately, the safety of the individual is of utmost importance. A PPO is only as strong as its enforcement. The terms of a PPO are legal binding to the recipient once served. For the safety of the individual requesting protection, they should carry a copy of their protective order at all times. They should also be prepared to seek shelter if they feel threatened. The filer should limit communication with the alleged abuser to compliance with the protective order and any other court orders.
Again, if you feel your or your children’s safety is threatened, despite the PPO, call the police immediately. They will enforce the court order to ensure your safety. Those who violate PPO’s can face criminal penalties.
Although we understand the need for protective orders we also understand that domestic relationships can become complicated and emotionally charged. When filed improperly, a PPO may wrongfully infringe on the recipient’s rights. If you believe that you have had a frivolous PPO filed against you, you may be able to appeal the order within 21 days after the court issues the order. Consider visiting with one of our experienced family attorneys before attempting to terminate a PPO on your own.
At Melissa Pearce & Associates, our attorneys have represented many clients across southeast Michigan with needs concerning protective orders. To us, the safety, security, and wellbeing of our clients is our priority. Family relationships can be complicated and straining, and unfortunately, sometimes people need to seek protection from someone they live with. If you are seeking a protective order against a domestic partner, or if you believe you have received a frivolous protective order, the experienced family lawyers at Melissa Pearce & Associates may be able to guide you through the legal process and provide emotional support during this stressful time. We fight vigorously for our clients’ legal rights, which include the right to live safely in your home without fear of harassment or abuse. Contact us today to schedule your pre-engagement meeting so we can learn more about your case. We look forward to working with you.