Types of Protective Orders
Restraining orders, or personal protective orders, are issued in order to protect someone from another person who is either threatening, harming or harassing the victim, and the victim has a reasonable fear for their personal safety. When filing for a personal protective order, the victim has to consider a few factors in deciding which order to file for, such as: the relationship to the harasser, whether the harasser is the spouse, someone they do not know, or is a minor. Also if the personal protective order is an emergency and the victim cannot wait for a court hearing due to reasonable fear of immediate danger, they may want to seek an ex parte personal protective order. There are three types of PPOs available in Michigan:
- Domestic PPO: In order to obtain a domestic relationship personal protective order, the victim must be able to show a relationship between the victim and harasser as well as the likelihood of harasser assaulting, threatening, harassing or possibly stalking the victim. The court views a domestic relationship as one of the following for this situation: a current or ex spouse, a child’s other parent, a person you have resided with or are currently residing with, or someone you have had a romantic relationship with in the past. If you file a domestic relationship PPO, a court order
can stop the abuser or harasser from a number of activities, including: entering the victim’s home unlawfully, assaulting, attacking or harassing the victim, threatening to kill the victim, stalking the victim, ceasing to interfere with the victim’s work, or any other act that interferes with your personal safety or liberty. One of the most important behaviors a PPO can stop is that an abuser cannot buy or have a firearm in possession once a PPO is issued against him or her.
- Non-Domestic Stalking PPO: This is a personal protective order that issued in order to get another person, whom you do not have a domestic relationship with, to stop stalking you. In order for a non-domestic stalking PPO to be issued, the victim must prove that there have been at least two proven times that stalking has occurred, the stalking behavior scares the victim and would scare any reasonable person in the same situation. The abuser would be prohibited from the same behavior as that listed in Domestic Relationship PPOs, but also includes ceasing to contact the victim by phone, email, text message, following or appearing within the victim’s line of sight. In today’s world that is so focused on social media, this also includes cyberstalking.
- Non-Domestic Sexual Assault PPO: This personal protective order is issued to protect someone who has been sexual assaulted from their assaulter, whom they do not have a domestic relationship with. The same behaviors are prohibited here as are in the other two personal protective orders.
If you have been the victim of a harassment, stalking, abuse or threatening behavior, there are options as to how to protect yourself from these dangerous individuals. Contact the offices of Michael A. Robbins at (248) 646 – 7980 to receive a consultation regarding your case.