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Michigan Domestic Violence FAQ's

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By Butler, Durham & Toweson

Published:  July 17, 2004

What if I am abused by my spouse?
Michigan law provides for the obtaining of a Personal Protection Order. This is a court order which will prohibit your spouse, roommate, one you had a dating relationship with or one you had a child with from entering onto the property where you live, assaulting, beating, molesting or wounding you and/or removing the minor children from the legal custodian. It also can prevent harassment which has become stalking, such as following or appearing within your sight, approaching or confronting you in a public place or on private property, appearing at your workplace or residence, entering onto property owned, leased or occupied by you, calling you on the telephone, sending you mail or other communications, or placing an object on or delivering an object on property owned, leased or occupied by you. It can also prohibit conduct such as interfering with efforts to remove your children or property from premises owned by you, prevent a person from threatening to kill or physically injure you, and certain other forms of relief.

How do I obtain such an order?
These orders are issued by the court without a hearing. The court clerks can assist you in preparing a petition for a Personal Protection Order and also the order. They will then take it to the judge to whom the case is assigned and he will decide whether or not to issue the order. The order is effective when signed and served on the opposing party. The opposing party will have a right to challenge the issuance of the order.

What does all this mean?
It means that if the restrained party violates the terms of the order, he or she is subject to immediate arrest and to the civil and criminal contempt powers of the court. The person may be jailed or fined, or both.

Last modified:  January 13, 2005 - 10:43 AM


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