Legislation was enacted to assist individuals in obtaining Personal Protection Orders ("PPO") when domestic violence or stalking potentially threatens, or has threatened the safety of an individual. A "PPO" is a restraining order issued by the Circuit Court, which is usually used to curtail domestic violence or stalking. Personal Protection Orders are found in the domestic violence statute MCLA 600.2950, to enjoin specific actions such as, assaulting, attacking, beating, molesting, stalking, or wounding the petitioner.
A Personal Protection Order can also be used to prohibit the respondent from entering the premises, usually home or employment of the petitioner. A "PPO" may also be issued to prevent the removal of a minor child from the home, possession a firearm, or any other act that interferes with the petitioner' personal liberty or that causes a reasonable apprehension of violence.
Personal Protection Orders become effective when the judge signs it and is immediately enforceable by any law enforcement officer in Michigan. Another requirement of the "PPO" is that it must be served, personally or as otherwise specified on the party to be restrained. But, the failure to make service does not affect the order's validity or effectiveness. "PPO's" are not mutual and must contain certain provisions. Provisions such as certain conduct enjoined, the potential sanctions for violation and an expiration date. Law enforcement agencies are required to enter this information onto the Law Enforcement Information Network (LEIN). Either party may enter a motion to extend, modify or rescind the Personal Protection Order after it has been entered.
There are two types of Personal Protection Orders, dependant upon the relationship between the petitioner and the respondent. First, a domestic relationship "PPO" (MCLA 600.2950, MSA 27A.2950) enjoins certain assaultive and threatening behaviors when the petitioner has domestic relations with the respondent. Second, a "PPO" to enjoin stalking (MCLA 600.2950a, MSA 27A.2950(1), is available regardless of the relationship.
A domestic violence survivor may petition for domestic relation "PPO" to enjoin an assailant who falls into certain relationships. For example, the survivors' spouse or former spouse, a person with whom the survivor resides or has resided with, a person with whom the survivor has a child in common or a person with whom the survivor has or had a dating relationship. There is no limit to the length of time of the relationship. This relationship does not include a causal friendship or ordinary fraternization between two individuals in a social or business relationship, but will include homosexual couples, or other family members such as sons or fathers, and roommates who have not had a sexual relationship with the petitioner.
The Circuit Court is empowered to issue a "PPO" to restrain stalking. This relief is available regardless of the relationship between the parties. Stalking is defined as a "willful, course of conduct involving repeated or continuing harassment of another individual that would cause a reasonable person to feel terrorized, frightened, intimidated, threatened, harassed, or molested". A Personal Protection Order is available in these situations.
To get a Personal Protection Order, the petitioner must demonstrate by affidavit, verified petition, or motion that the moving party has been assaulted by the person against whom she is seeking the order, or has proof of a threat of harm demonstrating that immediate danger of irreparable injury if the "PPO" is not granted. The petition must include specific incidents and dates. A "PPO" is brought in the family division of the Circuit Court. The claim can be brought by an independent action, joining claims of another action, or filing a motion in a pending action. A person petitioning the court, intentionally and knowingly makes false statements in support of the "PPO" is subject to contempt of court proceedings.
The Courts grant Personal Protection Orders if there is reasonable cause to believe that the individual to be restrained might commit one or more of the acts prohibited under the statute. The Court considers testimony, documents, and other evidence offered when deciding the issuance of a "PPO". The judge must rule on the request within 24 hours after the petition has been filed. If the Court is to refuse the request, it must immediately in writing state the specific reasons why the petition was denied.
Personal Protection Orders are enforced with criminal penalties (93 days in jail and a $500 fine) and immediate arrest. Upon an arrest, a contempt proceeding is required.
