Temporary Restraining Orders: All You Should Know

If you need to get a temporary restraining order against your spouse or partner, your child’s parent, or another member of your household, you have no time to waste. A restraining order provides legal protection and can buy you time to figure out your next steps. That’s why it’s vital to know the requirements for a temporary restraining order and how a lawyer can help with your case.

The Traverse City family law attorneys at Alward Fisher have more than 100 years of combined experience helping Michigan residents with restraining orders and other legal matters. To learn more about filing a temporary restraining order in Michigan, contact our team today.

What Is a Temporary Restraining Order?

A restraining order is a document signed by a judge that bars someone from certain activities or being near certain people or places. In Michigan, restraining orders are known as personal protection orders (PPOs). Domestic relationship PPOs are for victims of domestic violence. They can protect you and your family from violent and harassing behavior from an abuser.

In Michigan, victims of stalking and/or harassment, including cyberbullying, who are not in a domestic relationship with the perpetrator, may petition the court for a non-domestic PPO. Non-domestic PPOs offer the same or similar protections as domestic PPOs. Non-domestic PPOs do not require that the petitioner and respondent be involved in a specific relationship. The parties may be co-workers, neighbors, friends, or even strangers.

Because PPOs are a civil law issue, you are the one who files for the order — not the police. If you want to pursue criminal charges against your abuser, you will have to call the police and have them investigate your case. You can also ask the police to arrest your abuser if they violate a PPO. Someone accused of violating a restraining order in Michigan could be charged with aggravated stalking or other crimes.

Why Do You Need a Temporary Restraining Order?

A domestic relationship PPO is a reasonable measure even if you are not in immediate danger from a spouse or other household member, but you still need them out of your life. Some of the reasons you might want to seek a temporary restraining order against someone include the following:

• End contact with a spouse or dating partner – If you want to break off contact with a spouse or dating partner but they refuse to leave you alone, a restraining order gives you legal authority to keep them out of your life. An aggressive former spouse or dating partner may be more willing to leave you alone if they know they could face jail time for violating a PPO.
• Protect members of your family – A PPO can help protect someone else in your family or household who is being threatened or abused. Getting the abusive party out of the home and forcing them to keep a certain distance can give you and the victim some breathing room to figure out what to do next.
• Keep an abuser from purchasing or having firearms – If you are worried someone will threaten or attack you with a gun, you need to do what you can to keep guns out of their hands. A PPO can keep abusers from buying firearms or force them to give up any guns they already own.

Requirements to Get a Temporary Restraining Order

According to Michigan law, you can only obtain a domestic relationship PPO against someone you have a relationship with. Those individuals are:

• A current or former spouse
• The parent of your child, regardless of whether you and the parent have ever been in a relationship
• A current or former dating partner
• A current or former member of your household

Non-domestic PPOs protect you from someone you are not involved in a domestic relationship with that is doing one or more of the following:

• Engaging in stalking, aggravated stalking, or cyberbullying
• Has been convicted of sexually assaulting the petitioner or of furnishing obscene material to the petitioner
• Has threatened the petitioner with, or subjected the petitioner to a sexual assault.

Because a PPO is a civil matter, less proof is required than in a criminal case. However, your petition for a PPO must support that your abuser may physically abuse, threaten, or stalk you. A compassionate family law attorney can help you secure evidence, argue your need for the PPO, and limit your contact with the abuser.

How to Obtain a Temporary Restraining Order in Michigan

Filing for a domestic relationship personal protection order in Michigan is pretty straightforward. You can find the necessary forms at the family law division of your county circuit court or online.

Once you have filled out the necessary forms and submitted them, the judge may grant an order blocking your abuser from contacting you or doing other activities for six months. This order called an “ex parte” order, does not require a full court hearing. Your abuser does not need to be present for the judge to grant the order. However, you will likely have to show that you or another household member is in danger of immediate harm for the judge to grant the order.

If the ex parte order is granted, it will last six months. Your abuser can ask for a hearing to modify or cancel the order within 14 days of when the order is served. It is crucial to attend this hearing and work with a skilled family law attorney if you want to keep the PPO in place. If the judge decides to keep the restraining order in place after the hearing, it is called a final domestic protection order.

Talk to One of Our Family Law Attorneys in Traverse City, MI

Family law matters can be sensitive and stressful. You need someone to support you, protect your rights, and help keep you and your family safe. If you need to file a PPO against someone in your household, the Traverse City family law attorneys at Alward Fisher can guide you through the process and help ensure you get the legal protection you need. Call us today or visit our contact page for a free consultation.