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Michigan Family Law Blog

Monday, June 25, 2018

My Spouse is Threatening me - How Can I Get a Personal Protection Order?

When someone is harassing, threatening, or stalking another person, a personal protective order may be required to prevent the person from taking any action that continues the threat or harassment. An order of the court can prohibit a person from encountering another person to assault, harass, molest, abuse, or take any other action that can physically, mentally, or emotionally injure the protected person.

There are several requirements for obtaining a protective order; therefore, you want to work with an experienced Michigan personal protective order lawyer to file the documents required for a personal protection order.

Obtaining a Personal Protection Order in Michigan

There are two types of protection orders issued by Michigan courts — domestic protection orders and non domestic protection orders. A domestic protection order is used when the parties have or have had a domestic relationship, or they have a child together. Non Domestic protective orders are obtained when another person is harassing or threatening you, and you have not had an established domestic relationship with that person.

To obtain a personal protection order, your Michigan personal protective order lawyer files a petition with the court requesting an order. Even though most family court matters require the other party (respondent) to be notified of the filing of a petition and the hearing, the court may issue the order ex parte. In an ex parte matter, the court does not require you to notify the respondent of your petition or the hearing on your petition. Once the judge grants the personal protection order, the restrictions in the order become enforceable immediately, even though the respondent has not yet been notified of the order.

Because most protective orders are requested because of the threat of harm to the petitioner, judges typically issue these orders without requiring the other party to be notified of the matter until after the order has been issued. In non-emergency situations, the petitioner may be required to serve a copy of the petition on the respondent and notify the respondent of the court hearing. Your Michigan personal protective order lawyer will determine if your petition meets the requirements for an ex parte hearing and order.

What Can a Personal Protection Order Prevent Someone from Doing?

When the court grants a Michigan personal protection order, the judge can restrict the person from taking various actions regarding the protected person. Some of the common restrictions in a personal protection order include:

  • Contacting the protected person by any means, including phone, email, texts, mail, etc.

  • Physically following the person or coming within a certain number of feet from the person

  • Appearing at the person’s place of business or residence

  • Delivering, placing, or causing an object to be delivered to the person’s residence

  • Entering property owned, occupied, or leased by the protected person

  • Prohibiting the person from appearing in a place of education or employment to prevent the protected person from working or obtaining an education

  • Stalking or otherwise causing the protected person to be followed

  • Prevent a person from entering the marital home for any reason

The restrictions placed in the order depending on the circumstances and facts of your specific case. Your attorney will petition the court for the maximum protection to prevent harm or harassment.

Call a Michigan Personal Protective Order Lawyer for More Information

If you are being stalked or harassed, you may be entitled to a personal protection order. Contact Michigan personal protective order lawyer Cameron C. Goulding to discuss how we can help you file your petition to obtain an order quickly to prevent further contact with an abusive person.


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