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Domestic Violence in Family Law: Getting a PPO and Proving Abuse in Michigan

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    Domestic Violence in Family Law: Getting a PPO and Proving Abuse in Michigan

    Leaving an abusive relationship is one of the hardest things a person can do. The fear, the uncertainty, the worry about your children—it can feel paralyzing. But you don’t have to face it alone, and Michigan law provides tools to help protect you.

    A Personal Protection Order (PPO) is one of the most immediate forms of legal protection available to domestic violence survivors in Michigan. Understanding how to obtain a PPO, what evidence courts need, and how abuse affects custody and other family law matters can help you take the first steps toward safety.

    At Boroja, Bernier & Associates, we help domestic violence survivors throughout Southeast Michigan navigate the legal system with compassion and strategic focus. Here’s what you need to know about protecting yourself and your children.

    Understanding Domestic Violence Under Michigan Law

    Domestic violence isn’t limited to physical abuse. Michigan law recognizes multiple forms of abuse that can occur within intimate relationships and family settings.

    • Physical abuse includes hitting, slapping, pushing, choking, kicking, restraining, or any physical force that causes harm or fear of harm. It also includes destroying property, harming pets, or blocking someone from leaving a room or home.
    • Emotional and psychological abuse involves patterns of behavior designed to control, intimidate, or demean. This might include constant criticism, name-calling, threats, isolation from friends and family, monitoring activities obsessively, or manipulating through guilt and fear. While harder to document than physical violence, emotional abuse is taken seriously by Michigan courts.
    • Financial abuse occurs when one partner controls all money, prevents the other from working, ruins their credit, or uses finances as a tool of control. Victims of financial abuse often feel trapped because they lack the resources to leave.
    • Sexual abuse includes any unwanted sexual contact or coercion within a relationship. Being married or in a long-term relationship does not give anyone the right to force sexual activity.
    • Stalking and harassment involve repeated unwanted contact, following, surveillance, or threats that cause fear. This behavior often escalates after a victim attempts to leave the relationship.

    Many survivors experience multiple forms of abuse simultaneously. Recognizing all the ways abuse manifests helps you understand that what you’re experiencing is real, serious, and deserving of legal protection.

    Personal Protection Orders in Michigan: Types and Eligibility

    Michigan offers different types of PPOs depending on the relationship between the parties and the nature of the abuse.

    • Domestic Relationship PPO applies when the abuser is a spouse, former spouse, someone you’ve dated, someone you live with or have lived with, or someone with whom you have a child. This is the most common type sought in family law situations.
    • Non-Domestic Stalking PPO protects against stalking by someone who doesn’t fit the domestic relationship categories—a coworker, acquaintance, or stranger engaging in stalking behavior.
    • Non-Domestic Sexual Assault PPO provides protection for victims of sexual assault by someone outside a domestic relationship.

    For domestic violence situations, the Domestic Relationship PPO is typically the appropriate option. You can request a PPO for yourself and include your minor children if they’re also at risk.

    A PPO can order the abuser to:

    • Stop threatening, assaulting, or harassing you
    • Stay away from your home, workplace, and children’s school
    • Have no contact with you by phone, text, email, social media, or through third parties
    • Move out of a shared residence
    • Not purchase or possess firearms
    • Attend counseling or treatment programs

    The specific restrictions depend on what you request and what the court determines is appropriate.

    How to File for a PPO in Michigan

    Filing for a PPO doesn’t require an attorney, though having legal guidance can strengthen your petition and help you navigate the process more effectively.

    Step 1: Complete the petition. You’ll fill out a petition form available at your local circuit court or online through the Michigan Courts website. The petition asks you to describe the abuse, your relationship with the abuser, and what protections you’re seeking. Be specific and include dates, locations, and details about incidents.

    Step 2: Submit the petition to the court. File your completed petition with the circuit court in your county. There’s no filing fee for PPO petitions in Michigan.

    Step 3: Judge reviews the petition. A judge will review your petition. Judges often review petitions quickly (sometimes the same day), but timing varies by county. If the judge finds sufficient grounds, they’ll issue an ex parte PPO—meaning without the other party present. This provides immediate protection while the case proceeds.

    Step 4: The respondent is served. The abuser must be officially served with the PPO. Law enforcement typically handles service. The respondent is bound by the PPO once they are served or otherwise have actual notice of it.

    Step 5: The respondent can request a hearing. After being served, the respondent has 14 days to request a hearing to contest the PPO. If they don’t request a hearing, the PPO remains in effect.

    Step 6: Hearing (if requested). If a hearing is scheduled, both parties present evidence and testimony. The judge then decides whether to continue, modify, or dismiss the PPO.

    Emergency situations: If you’re in immediate danger, tell the court when filing. Judges can issue an ex parte PPO immediately. The respondent is bound once they are served or otherwise have actual notice.

    Proving Abuse: Evidence That Strengthens Your Case

    Whether you’re seeking a PPO or addressing abuse in a custody case, evidence matters. Courts need more than your word against the abuser’s—though your testimony is important and will be considered.

    Documentation you should gather:

    • Photographs of injuries, property damage, or threatening messages
    • Text messages, emails, and voicemails showing threats, harassment, or admissions
    • Social media posts or messages that demonstrate abusive behavior
    • Medical records documenting injuries and treatment
    • Police reports from any incidents, even if no arrest was made
    • Witness statements from people who observed abuse or its effects
    • A journal or log documenting incidents with dates, times, and details
    • 911 call recordings if available

    Witnesses who can help:

    • Family members or friends who witnessed abuse
    • Neighbors who heard or saw incidents
    • Teachers or counselors who noticed changes in children
    • Medical professionals who treated injuries
    • Domestic violence advocates familiar with your situation

    For emotional abuse cases: Proving emotional abuse is more challenging because there are often no visible injuries. Focus on documenting patterns: repeated demeaning comments in writing, evidence of isolation tactics, financial control, and testimony from people who witnessed the behavior or its effects on you.

    Even if you don’t have extensive evidence, don’t let that stop you from seeking protection. Courts understand that abuse often happens behind closed doors. Your detailed, credible testimony about what you experienced matters. Still, the more detail and corroboration you can provide (texts, photos, witnesses, police reports), the stronger your petition will be.

    How Domestic Violence Affects Child Custody

    Domestic violence is a critical factor in Michigan custody decisions. Under MCL 722.23, one of the 12 best interest factors specifically addresses domestic violence—MCL 722.23(k) (best-interest factor “k”) requires courts to consider “domestic violence, regardless of whether the violence was directed against or witnessed by the child.”

    Courts recognize that:

    • Children are harmed by witnessing abuse, even if they’re not physically hurt
    • An abuser’s behavior toward a partner raises concerns about their parenting
    • Patterns of control and intimidation undermine healthy co-parenting
    • Safety must come before maintaining relationships with both parents

    When domestic violence is established, courts may restrict custody or parenting time to protect the child and the other parent. Outcomes vary by severity, recency, corroboration, and safety planning. Courts may:

    • Limit or deny custody to the abusive parent. Depending on the severity and circumstances, the protective parent may receive sole legal and physical custody.
    • Order supervised parenting time so the abusive parent can only see children with a neutral third party present.
    • Prohibit overnight parenting time until safety concerns are addressed.
    • Require the abusive parent to complete treatment such as batterer intervention programs, anger management, or substance abuse treatment before expanded parenting time.
    • Include safety provisions in custody orders, such as exchanges in public places or through third parties.

    If you’re in an abusive relationship and worried about custody, document the abuse and seek legal help. Courts take domestic violence seriously, but you need to present your case effectively.

    What Happens If Someone Violates a PPO

    A PPO is only as effective as its enforcement. If the respondent violates the order, Michigan law provides serious consequences.

    • Criminal contempt penalties: Violating a PPO can lead to immediate arrest and criminal contempt penalties. Under Michigan law, if found guilty of criminal contempt for a PPO violation, penalties include imprisonment for up to 93 days and a fine of up to $500. If the violation also involves other criminal conduct (assault, stalking, etc.), additional charges may apply with harsher penalties.
    • Arrest: Police can arrest someone for violating a PPO without a warrant if they have probable cause to believe a violation occurred.
    • Your role in enforcement: If the respondent violates the PPO, document what happened (save messages, note times and locations, take photos if relevant) and contact law enforcement immediately. Even “minor” violations like a text message should be reported—they often escalate.
    • Contempt of court: In addition to criminal charges, you can file a motion asking the court to hold the respondent in contempt for violating the order.

    Don’t minimize violations or give second chances when it comes to your safety. Each violation is a warning sign that should be taken seriously.

    Safety Planning and Resources

    Legal protection is one piece of staying safe. A comprehensive safety plan addresses practical concerns that a court order can’t solve.

    Elements of a safety plan:

    • Identifying safe places to go in an emergency
    • Keeping important documents accessible (ID, birth certificates, financial records)
    • Having a packed bag ready if you need to leave quickly
    • Establishing code words with trusted friends or family
    • Saving money in a safe account if possible
    • Programming emergency numbers into your phone
    • Planning how to safely communicate with advocates and attorneys

    Michigan resources for domestic violence survivors:

    • National Domestic Violence Hotline: 1-800-799-7233 (available 24/7)
    • Michigan Coalition to End Domestic and Sexual Violence: Connects survivors with local programs statewide
    • Local shelters: Most Michigan counties have domestic violence shelters offering emergency housing, counseling, and support
    • Legal aid organizations: Provide free legal assistance to qualifying survivors

    You don’t have to navigate this alone. Advocates can help with safety planning, court accompaniment, housing, and other practical needs.

    Frequently Asked Questions About Domestic Violence and PPOs in Michigan

    How long does a PPO last in Michigan?

    A PPO will state an expiration date on the face of the order. Many ex parte PPOs are issued for at least 182 days, though they can be modified or terminated by the court. You can request modifications if circumstances change, and the respondent can petition to have the PPO lifted after demonstrating changed behavior.

    Can I get a PPO for emotional abuse without physical violence?

    Yes. Michigan courts can issue PPOs for emotional abuse, threats, harassment, and stalking—physical violence isn’t required. You’ll need to show a pattern of behavior that causes fear or distress.

    What if my abuser and I have children together?

    A PPO can include provisions about the children, but custody and parenting time are typically addressed separately through family court. Having a PPO doesn’t automatically determine custody, but it’s strong evidence that affects custody decisions.

    Will a PPO show up on background checks?

    PPOs are civil orders, not criminal convictions. However, they appear in court records, which may show on some background checks. Violations of a PPO result in criminal charges that would appear on criminal background checks.

    Can I drop a PPO once I’ve filed it?

    You can petition the court to dissolve a PPO, but the decision is ultimately the judge’s. The court may require a hearing and will consider safety and statutory factors before terminating. Courts sometimes maintain PPOs even when petitioners request dismissal if there are safety concerns.

    What are the penalties for violating a PPO?

    Violating a PPO can lead to immediate arrest and criminal contempt penalties, including up to 93 days in jail and a fine of up to $500. If the violation also involves other criminal conduct (assault, stalking, etc.), additional charges may apply with potentially more severe consequences.

    Does the abuser have to be served before the PPO takes effect?

    Judges can issue an ex parte PPO immediately upon finding sufficient grounds. The respondent is bound by the PPO once they are served or otherwise have actual notice of it.

    Take the Next Step: Protect Yourself and Your Children

    If you’re experiencing domestic violence, you deserve protection and support. Taking legal action can feel frightening, but it’s often the first step toward safety and independence.

    At Boroja, Bernier & Associates, our family law attorneys help domestic violence survivors in Macomb County, Oakland County, Wayne County, and throughout Southeast Michigan obtain protection orders and navigate custody matters with sensitivity and determination. With our main office in Shelby Township and satellite offices in Troy, Ann Arbor, and Lansing, we’re here to help.

    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 matters, and you don’t have to face this alone.