Super Lawyers
Justia Lawyer Rating
Best Law firms 2022
The Best Lawyers in America
Avvo Clients' Choice
Avvo Rating 10.0
National College for DUI Defense
National Collage for DUI Defense
American Council Of Second Amendment Lawyers
Avvo Clients Choice Award
Avvo Rating
Trial Lawyers University

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
Other Common Conditions

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.

Call Today! FREE Consultation Lawyer and Receive Immediate Attention for Your Criminal Law Case Patrick T. Barone is a Michigan Super Lawyer, who has maintained continuous top attorney ratings since 2007. In addition, the Michigan native is the author of multiple books on OWI, DUI and criminal law. The OUIL attorney near me has lectured at over 80 legal seminars all over America. He leads Barone Defense Firm in providing aggressive legal warriors for each client's criminal case.

Contact us 24 hours a day at our law firm’s easy to remember toll-free number, 1-877-ALL-MICH or 877-255-6424, for a free criminal case review. The Michigan attorneys near me at Barone Defense Firm travel the entire Great Lakes State, to help citizens in legal trouble in Michigan for alleged criminal law violations.

For your FREE lawyer consultation, call today to learn how to protect your yourself from a possible unwarranted conviction. What do you have to lose, when the free legal advice with our litigation team’s criminal lawyers near me can answer many tough questions?

Client Reviews
Patrick Barone is the ONLY choice for DUI defense. He was realistic from the start and made it a point to look at my case before taking my money. As a business owner, when I think of attorneys, I think of the "shark infested waters. Patrick is a shark alright, but his prey is not the client; it's justice for his client. Ten stars Patrick!! Chris F.
Attorney Patrick Barone was very helpful and helped me understand the charge and sentence absolutely clearly. He also guided me through step by step helping me form a statement. His instructions were clear and detailed. It was obvious he cared about me understanding every important detail within my case. I would absolutely recommend this defense firm to anyone in need. Aaron B.
The Barone Defense Firm is the firm I recommend. They are truly concerned about the person, not just the legal issue, but the person as well. They are the most knowledgeable defense firm that I am aware of, having actually written the book on DWI Defense. If you are faced with a DWI you will not find a more professional and skilled law firm. But, most importantly, they care about how the accused individual recovers his or her life when the case is complete. Very remarkable group of lawyers. William H.