If you’re experiencing domestic violence, you’re facing one of the most difficult situations imaginable. Beyond immediate safety concerns, you may be worried about how abuse will affect your divorce, custody arrangements, and your children’s wellbeing.

Michigan law takes domestic violence seriously in family court proceedings. Abuse isn’t just relevant to protection orders—it’s a specific factor courts must consider when determining custody and parenting time. Understanding how these issues interact helps you protect yourself and your children while navigating the legal process. This guide explains your options for obtaining protection, what evidence matters, and how domestic violence affects custody decisions.

The Intersection of Domestic Violence and Family Court

Domestic violence cases and family law cases often proceed simultaneously, creating complex legal situations that require careful navigation.

Criminal proceedings may result from domestic violence incidents. The prosecutor decides whether to file charges, and outcomes can include jail time, probation, and mandatory counseling for the abuser.

Personal Protection Orders (PPOs) are civil orders restricting the abuser’s contact with you. You can seek a PPO independently of any criminal case or divorce proceeding. A PPO does not determine custody or parenting time on its own, but it serves as significant evidence in those proceedings.

Divorce and custody cases address the ongoing family relationship. Domestic violence evidence significantly influences how courts handle custody, parenting time, and sometimes property division and support.

These proceedings operate on different tracks with different standards of proof, different judges, and different outcomes. An abuser might face criminal charges, be subject to a PPO, and have restricted custody—or only some of these consequences depending on the evidence and circumstances.

Why this matters for your planning: Decisions in one proceeding can affect others. A PPO violation might lead to criminal charges. Criminal convictions provide evidence in custody cases. Working with an attorney who understands all these intersections helps you navigate strategically.

Types of Personal Protection Orders in Michigan

Michigan provides several types of PPOs under MCL 600.2950 and related statutes. Understanding which type applies to your situation helps you seek appropriate protection.

Domestic Relationship PPO

This is the most common type in family situations. You can seek a domestic relationship PPO if you have or had a dating relationship, have been married or lived together, have a child in common, or are related by blood or marriage.

A domestic relationship PPO can prohibit the abuser from entering your home, contacting you by any means, approaching you at work or other locations, threatening or assaulting you, and interfering with your efforts to remove children or belongings.

Stalking PPO

If your situation involves stalking behavior—repeated harassment causing fear or emotional distress—you may qualify for a stalking PPO even without a domestic relationship. This applies to situations involving acquaintances, coworkers, or strangers.

Sexual Assault PPO

Victims of sexual assault can seek protection regardless of their relationship with the perpetrator. This PPO type doesn’t require proof of a domestic relationship.

Who Can Request a PPO

Adults can request PPOs on their own behalf. Parents or guardians can request PPOs on behalf of minor children. You don’t need an attorney to file, though legal assistance helps ensure your petition is complete and persuasive.

How to Obtain a PPO in Michigan

The PPO process is designed to be accessible, even without an attorney. Here’s what to expect.

• Step 1: File a petition. Complete the appropriate petition form at your county circuit court. Describe the abuse or threats in specific detail—dates, locations, what happened, what was said. The more specific your description, the stronger your petition.

• Step 2: Ex parte review. A judge reviews your petition without the other party present. If the judge finds reasonable cause to believe you’re in danger, they may issue an immediate ex parte PPO. While the order is issued immediately, it becomes enforceable once the respondent is served or has actual notice of the order.

• Step 3: Service on the respondent. The PPO must be served on the abuser (called the respondent). Law enforcement typically handles service. The PPO becomes enforceable once the respondent is served or otherwise has actual notice.

• Step 4: Respondent’s right to hearing. The respondent can request a hearing to contest the PPO. Respondents generally have 14 days after service or actual notice to request a modification or termination hearing, unless good cause is shown for delay. If they don’t request a hearing within this timeframe, the PPO remains in effect.

Emergency situations: If you’re in immediate danger, tell the court clerk. Courts can expedite processing when safety is at risk. After hours, law enforcement can help you access emergency protection.

Evidence That Supports Abuse Allegations

Whether seeking a PPO or presenting domestic violence evidence in custody proceedings, documentation matters enormously. Courts evaluate the credibility and strength of evidence when making decisions.

Strong Evidence Types

• Police reports documenting domestic violence calls carry significant weight. Even if no arrest was made, the report creates an official record of the incident.

• Medical records showing injuries consistent with abuse provide objective documentation. Emergency room visits, photographs of injuries, and healthcare provider notes all support your claims.

• Photographs and videos of injuries, property damage, or threatening behavior offer visual evidence. Date-stamp photos and store them securely.

• Text messages, emails, and voicemails containing threats, admissions, or abusive language provide direct evidence of the abuser’s conduct. Screenshot and save these communications.

• Witness statements from people who observed abuse, saw injuries, or heard threats corroborate your account. Family members, friends, neighbors, and coworkers may provide valuable testimony.

• Prior PPOs or criminal history showing a pattern of abusive behavior strengthens your case. Courts consider whether the respondent has a history of violence.

Building Your Documentation

If you’re currently in an abusive situation, document safely. Keep records where your abuser cannot find them—with a trusted friend, in a cloud account they don’t know about, or in a safety deposit box.

Document each incident with date, time, location, what happened, and any witnesses. Be specific: “On March 15, 2025, at approximately 8 PM, he grabbed my arm and pushed me against the kitchen wall” is stronger than “He’s always pushing me around.”

Photograph injuries as soon as safely possible, with something showing scale and date if possible.

Save all communications without altering them. Screenshots should show the sender’s information and timestamps.

How Domestic Violence Affects Custody Determinations

Michigan law specifically addresses domestic violence in custody decisions. Under MCL 722.23, courts are required to evaluate all 12 best-interest factors when deciding custody. Domestic violence is specifically enumerated under MCL 722.23(k), which requires courts to consider “domestic violence, regardless of whether the violence was directed against or witnessed by the child.”

The Domestic Violence Factor

MCL 722.23(k) requires courts to consider domestic violence as part of the best-interest analysis. This means abuse against you directly affects custody decisions—even if your children weren’t physically harmed.

Courts recognize that children are harmed by witnessing domestic violence, living in an atmosphere of fear affects development, and an abuser’s conduct toward one family member indicates character relevant to parenting.

Impact on Custody and Parenting Time

Domestic violence does not create an automatic custody outcome. Courts retain discretion to evaluate the totality of the circumstances when crafting appropriate custody arrangements. Depending on the severity and circumstances, domestic violence evidence may result in:

• The abusive parent being denied custody entirely
• Supervised parenting time requirements
• Restricted parenting time with specific protective conditions
• Exchange requirements minimizing contact between parents
• Prohibitions on overnight parenting time
• Requirements for completing domestic violence intervention programs

The severity matters. A single incident years ago may be treated differently than ongoing, severe abuse. Courts evaluate all the evidence and circumstances when determining what arrangement serves the child’s best interests.

Rebuttable Presumption in Limited Circumstances

Under certain limited, statutorily defined situations, Michigan law creates a presumption against custody for an abusive parent. When a parent has been convicted of certain specified offenses or meets other statutory criteria, there may be a presumption that custody with that parent is not in the child’s best interest. The abusive parent must then rebut this presumption with clear and convincing evidence. However, this presumption does not arise in every domestic violence case—it applies only when the specific statutory requirements are met.

Protective Orders and Divorce Cases Running Simultaneously

When you have a PPO while divorce or custody proceedings are pending, coordination becomes important.

• PPO provisions may conflict with parenting time. Your PPO might prohibit all contact, but the family court may order parenting time. Courts can craft specific exceptions allowing parenting time while maintaining protection—for example, requiring exchanges at police stations or through third parties.

• Communicate between courts. Make sure your divorce attorney knows about your PPO, and vice versa. Judges in different proceedings need complete information to craft consistent orders.

• Don’t let the PPO lapse. If your PPO has an expiration date and you still need protection, file for renewal before it expires. A gap in protection creates both safety risks and potential arguments that you no longer need protection.

• Violations matter in both proceedings. PPO violations can result in criminal contempt charges and arrest. They also provide evidence of the abuser’s character relevant to custody proceedings.

Remember: A PPO does not determine custody or parenting time on its own, but it serves as significant evidence that courts consider when making those determinations.

Risks of Mutual Allegations and False Claims

Domestic violence allegations significantly affect custody outcomes, which unfortunately creates incentives for misuse. Courts are aware of this dynamic and focus heavily on credibility when evaluating competing claims.

When Both Parties Allege Abuse

Sometimes both parties claim the other is abusive. Courts must sort through competing allegations, evaluating credibility and evidence for each claim.

• What helps your credibility: Consistent accounts over time, documentation contemporaneous with incidents, corroborating witnesses or evidence, and lack of motive to fabricate.

• What hurts your credibility: Allegations that first appeared when custody became contested, inconsistent accounts, lack of documentation despite claimed severe abuse, and evidence of coaching or exaggeration.

Consequences of False Allegations

Making false abuse allegations can severely backfire. Courts focus heavily on credibility and recognize the destabilizing effect false allegations have on a child’s emotional wellbeing. Courts may view false allegations as evidence of poor judgment and willingness to manipulate, which directly affects factor (j) under MCL 722.23—the willingness and ability to facilitate a close and continuing parent-child relationship.

If a court determines you made false abuse claims, you may lose credibility on all issues, face reduced custody or parenting time yourself, be ordered to pay the other party’s attorney fees, and face potential perjury charges in extreme cases.

The bottom line: Be truthful and accurate in all allegations. Document real abuse thoroughly. Don’t exaggerate or fabricate—it harms real abuse victims and will likely harm your case.

Safety Planning Beyond Legal Protection

Legal protections are important, but PPOs are pieces of paper. Safety planning addresses practical realities. Courts view thoughtful safety planning as evidence of protective parenting and sound judgment.

• Have an escape plan if violence escalates. Know where you’ll go, how you’ll get there, and what you’ll take. Keep important documents, medications, and emergency funds accessible.

• Tell trusted people about your situation. Neighbors, coworkers, and family who know what’s happening can call for help and corroborate your account.

• Document your safety plan for the court. Showing you’ve taken steps to protect yourself and your children demonstrates seriousness, thoughtfulness, and protective parenting.

• Use available resources. Michigan has domestic violence hotlines, shelters, and advocacy organizations that provide safety planning assistance, emotional support, and connections to legal help.

National Domestic Violence Hotline: 1-800-799-7233

Michigan domestic violence resources are available through the Michigan Coalition to End Domestic and Sexual Violence.

Frequently Asked Questions About Domestic Violence and Michigan Family Law

Will a PPO guarantee I get custody?

No. A PPO does not determine custody or parenting time on its own, but it serves as significant evidence in those proceedings. A PPO demonstrates a court already found reasonable cause to believe you needed protection. In custody proceedings, the domestic violence factor under MCL 722.23(k) must be weighed alongside the other 11 best-interest factors. Domestic violence does not create an automatic custody outcome—courts retain discretion to evaluate the totality of the circumstances. Severe, documented abuse typically results in substantial custody restrictions for the abusive parent, but outcomes depend on your complete circumstances.

Can my abuser still get parenting time?

Possibly, depending on the circumstances. Courts generally believe children benefit from relationships with both parents, but this principle yields when a child’s physical or emotional safety is at risk. An abusive parent might receive supervised parenting time, parenting time with specific restrictions, or in severe cases, no parenting time. The court’s focus is the child’s safety and best interests.

What if my abuser violates the PPO?

PPO violations are criminal offenses in Michigan. Call 911 immediately if you’re in danger. Report violations to police even if you’re not in immediate danger—each violation creates a record and can result in arrest, criminal charges, and consideration in custody proceedings. Document all violations with dates, times, and details.

Does emotional abuse count for PPOs and custody?

Emotional abuse can support a PPO petition and is relevant to custody determinations, though it’s harder to prove than physical abuse. Successful emotional abuse claims typically involve patterns of conduct supported by detailed testimony or corroborating evidence. Courts consider patterns of threatening behavior, intimidation, isolation, and psychological manipulation. For custody purposes, emotional abuse is relevant to several best-interest factors including the emotional ties factor and parental fitness. Document emotional abuse with specific incidents and any witnesses.

Should I get a PPO before filing for divorce?

This depends on your safety needs and circumstances. If you’re in danger, prioritize your safety—get a PPO immediately. Having a PPO in place before divorce filing establishes the domestic violence issue early. However, don’t seek a PPO purely for strategic advantage if you don’t genuinely need protection—courts can recognize when claims are not genuine, and this can harm your credibility. Discuss timing with a family law attorney who understands your situation.

How long do I have to contest or respond to a PPO?

Respondents generally have 14 days after service or actual notice to request a modification or termination hearing, unless good cause is shown for delay. If no hearing is requested within this timeframe, the PPO remains in effect.

Take the Next Step: Protect Yourself and Your Children

If you’re experiencing domestic violence, you deserve protection—and your children deserve safety. Michigan law provides tools to protect you and takes abuse seriously in custody determinations.

At Boroja, Bernier & Associates, we help domestic violence survivors navigate family court with safety as the priority. Our family law attorneys understand the intersection of PPOs, divorce, and custody, and we work to protect our clients while pursuing favorable outcomes. With offices in Shelby Township, Troy, Ann Arbor, and Lansing, we serve families throughout Macomb County, Oakland County, Wayne County, and Southeast Michigan.

To schedule a confidential consultation with the Michigan family law attorneys at Boroja, Bernier & Associates, call our law offices at (586) 991-7611. Your safety and your children’s wellbeing are our priorities.