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Requirements of a Protective Order
A personal protection order can prevent a person from entering the property where a person lives, works, or attends school, preventing the person from assaulting, beating, stealing from, molesting, or wounding them. There are various requirements of a Michigan protective order that are going to be necessary to understand, and it is important to work with a domestic violence attorney who has experience with cases involving Michigan protective orders to best know how to abide by them.Common Restrictions
Michigan protective orders can require a person to refrain from various acts associated with stalking, including:
- Physically following
- Contacting by phone
- Placing an object or delivering an object to the property where they are an owner or that they occupy
- Appearing within sight
- Appearing at the person's workplace or residence
- Impeding that person from interfering with any efforts to remove the personal property on the premises that they own
- Approaching or confronting them in a public place or on private property
- Entering onto or remaining on the property that is owned, leased, or occupied by them
- Sending emails or other communications
- Preventing them from entering a place of employment or education or engaging in any conduct that impairs their ability to become or maintain their employment or maintain their education
If a person has access to records concerning a minor child that includes things like addresses, telephone numbers, employment addresses, someone can prevent that person from intentionally causing them any physical or mental distress or exerting any control over them. This also includes injuring, killing, torturing, neglecting, or threatening to injure, kill, torture, or neglect an animal in which they have an ownership interest, and can prevent the person from removing an animal from their possession.
Michigan protective orders can require preventing a person from obtaining possession of any animal that they have an ownership interest in, and it can even prevent them from owning, purchasing, or possessing a firearm as well.
But once a person has filed the appropriate paperwork and served the other party because they have a notice that a hearing is coming up, then they must appear in front of the judge either alone or while represented by a lawyer. If there is a lawyer, they would then explain to the judge why a personal protection order was invalid or no longer needed or that certain conditions are appropriate and required under the circumstances.Protective Order Violations
If a person is charged with domestic violence and there is a pre-existing personal protection order then there is an overlap in both jurisdiction as well as penalty, because both can be punished by up to 93 days in jail and up to a $500 fine. If there is a violation of a personal protection order in Michigan, then a new domestic violence charge is probably inappropriate and unneeded. It may even violate the constitutional protection against double jeopardy.
However, having said that, if there is any domestic violence charge and there is an existing personal protection order, then the personal protection order itself could require persuading a judge or a jury that the facts alleged relative to the domestic violence are true. The PPO could be is just another unfavorable fact against the person that is facing the domestic violence charge.
On the other hand, if a person is the victim in a domestic violence charge and they want to get a personal protection order, again it’s requirements might be redundant because they may be able to have the judge presiding over the criminal case order the defendant not to do all of the different things that a personal protection order would do, at least this is true while the person is on bond or on probation. If they wanted to go in front of the circuit court judge and ask for a Michigan personal protection order while the domestic violence case was pending, it will be up to the circuit court judge to determine whether under the circumstances it is appropriate to issue another order against the same person.