Can A Child Obtain An Order of Protection Against A Parent?

little girl near crop parent on sofa at home
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What are the restrictions on issuance of an order of protection between a parent and child? Can a child obtain an order of protection against their parent? Can a parent obtain an order of protection against their child? Here are the limitations imposed on the Courts by Michigan Law.

According to MCL 600.2950(26)(b) a Court cannot issue a personal protection order enjoining conduct such as stalking or various interactions listed in section 1 and 3 of MCL 600.2950 such as approaching, interfering, confronting, entering property, sending mail or email or interfering with personal liberty of the party, where the parties are the parent and unemancipated minor child of that parent, whether either party is the minor or parent. In SP v. BEK, a Michigan Court of Appeals 2021 case, the court clarified that where a parent’s parental rights had been terminated, the above restriction did not apply.

Contact Diana Mohyi Attorney at Law if you would like to have a legal consultation about this kind of matter or other family law matters.

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