Why Prior Acts are Admissible in Personal Protection Order Proceedings

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Usually in a criminal case, the prior acts of the accused are not admissible. However, domestic matters are different. In proceedings to obtain a Personal Protection Order, Michigan Courts find the history of the parties’ relationship relevant. MCL 600.2950 and 750.411h requires a Michigan court to consider the prior incidents when considering a new incident.

When obtaining an order of protection from someone who has a prior history of abuse, it is even possible to submit to evidence the fact that the victim has repeatedly filed for orders of protection. According to the Michigan Court of Appeals, the lower court erred when it denied the petitioner an order of protection although the petitioner had submitted evidence of a new incident in addition to five other incidents where the court had previously denied an order of protection. See, PF v. JF, Mich: Court of Appeals 2021

If you are seeking an Order of Protection, contact Attorney Diana Mohyi.

Published by Diana Mohyi Attorney at Law P.C.

Divorce & Family Law Attorney Licensed in Michigan & New York

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