Domestic Violence & Personal Protection Orders
Last updated on September 15, 2023
Domestic violence is not merely physical assault, but a pattern of behaviors that includes verbal abuse, sexual assault, isolation, stalking behaviors and economic control or coercion tactics. These behaviors impact the issues of child custody and parenting time. Often the abuser can appear quite charming and sometimes even “fool” court psychologists. They are quite adept at navigating the court system and manipulating the process.
It is imperative that a family law attorney be able to recognize the signs and symptoms of domestic violence, even if a physical assault has not yet occurred. A family law practitioner should be prepared to handle the subtle behaviors of the abuser and how it impacts the abused spouse, the children, and the court system.
Domestic violence involves complex behavioral issues that profoundly impact the family, and a family law attorney must be adroit in dealing with them to ensure the entry of court orders that protect both the abused spouse and the children.
The Law Behind Personal Protection Orders In Michigan
Even rational, law-abiding people sometimes lose control at a stressful time such as during the breakup of a marriage. Financial pressures, strained relationships with children or in-laws and the threat of a painful separation can cause ordinarily caring and rational people to snap and do and say things that they would never have expected from themselves.
If You Are Seeking An Order Of Protection
It is important to consider the ramifications of a personal protection order before seeking one — and what steps to take to maximize personal security. Requesting a personal protection order as a tool of revenge is likely to backfire.
Requesting an order of protection when there is good reason to fear for one’s safety, however, is often appropriate. A trustworthy family law attorney is an invaluable ally and advocate at a time like this.
If you need a personal protection order, you have the option to go to court on your own to ask for an ex parte order in an emergency. An experienced family law attorney is a valuable source of information and advocacy at a time of marital or family disruption.
If An Order Of Protection Has Been Issued Against You
When an ex parte PPO is obtained (an order without a hearing), it is automatically placed into the lien system and becomes immediately enforceable, even if the subject has not been formally notified of its entry.
Being named in a personal protection order has significant legal ramifications that can affect your employment, reputation and education.
A petition to rescind or modify the PPO must be filed within 14 days, so time is of the essence in responding to these orders.
A PPO may ban a person from his or her own home and children, making it extraordinarily challenging to go about daily life normally. If you have been named in a PPO, you are advised to consult with an attorney to learn how best to get it rescinded or modified promptly if the facts warrant that.
Contact Our Domestic Violence Legal Team For More Information
The Detroit-area family law attorneys at Brown Borkowski & Morrow welcome inquiries and questions regarding personal protection orders in Michigan, as well as other relevant family law matters such as temporary spousal support and child support orders while a divorce is in progress. Call us at 888-757-1681 or contact us online to schedule a free initial consultation.
If your spouse has locked you out of the house, or if you are worried that your spouse or partner may take your child out of town or out of the home without your knowledge or permission, consult with an attorney as soon as possible.