Here are the basics of who is really entitled to an order of protection in Michigan. Michigan Courts may issue three types of personal protection orders (“PPO”). Only one type requires that the parties have had a domestic relationship:
A Domestic Relationship PPO enjoins certain assaultive and threatening behavior if the petitioner has or had a domestic relationship with the respondent. MCL 600.2950. The Court will generally issue this kind of PPO if the petitioner can demonstrate that the respondent has interfered with the petitioner’s personal liberty or caused a reasonable apprehension of violence. MCL 600.2950(1)(l).
A Nondomestic Relationship PPO requires two or more acts of stalking MCL 600.2950a. Proof of a domestic relationship is not required. A valid showing for a stalking PPO requires two or more incidents of stalking, as defined by MCL 750.411h and .411i, or cyberstalking, as defined by MCL 750.411s.
A Sexual Assault PPO is available to victims of a sexual assault or threats of sexual assault reguardless of whether the petitioner has had a domestic relationship with the person against whom they seek the order. MCL 600.2950a. The court can issue a PPO to protect a petitioner from a respondent who has been convicted of a sexual assault of the petitioner or of furnishing obscene material to a minor petitioner.
If you are seeking to obtain a personal protection order or need to defend one that is improperly sought against you, please contact Diana Mohyi Attorney at Law for a consultation.