Personal Protection Orders

Muskegon Criminal Defense Lawyers Helping People Fight Personal Protection Orders

Michigan law allows people who feel threatened, harassed, or unsafe to seek a personal protection order, a court directive designed to stop harmful behavior before it escalates into further danger. These orders can immediately restrict contact, communication, or proximity, offering crucial protection to those at risk. While a PPO is a civil order, violating its terms carries criminal penalties. Because being restrained by personal protection orders can significantly impact people’s lives, it is critical for anyone facing such orders to understand the law and the potential consequences of the order. The experienced Muskegon criminal defense and family law attorneys of McCroskey Law have substantial experience handling cases involving personal protection orders, and if we represent you, we will advocate zealously on your behalf. We represent clients throughout Grand Rapids, Muskegon, Grand Haven, and the surrounding areas.

Personal Protection Orders Under Michigan Law

Michigan law recognizes different types of personal protection orders, each designed for a specific purpose. A domestic relationship PPO is available when the petitioner and the respondent have a qualifying relationship, such as being married, living together, dating, or sharing a child. This type of PPO aims to stop threats or acts of violence, stalking, or unwanted contact between people with close personal ties.

There is also a nondomestic or stalking PPO, which applies when the respondent does not share a domestic relationship with the petitioner but is accused of harassing, following, or threatening them. For example, a stalking PPO may be sought against a coworker, acquaintance, or even a stranger who engages in unwanted and repeated contact. In addition, Michigan courts may issue a PPO against parties engaged in certain forms of sexual assault or threats of sexual violence. Each category of personal protection order provides tailored restrictions depending on the nature of the threat or relationship involved.

Conduct Prohibited by a Personal Protection Order

The scope of a PPO is broad and depends on the allegations raised. Generally, a PPO can bar the respondent from entering the petitioner’s home, workplace, or school. It can also forbid any form of contact, whether in person, over the phone, by text message, through social media, or by third parties. In cases involving domestic violence, the court may prohibit stalking, threatening, or assaultive behavior. A PPO can also forbid the respondent from purchasing or possessing firearms under certain circumstances.

In stalking PPOs, the restrictions often focus on prohibiting repeated, unwanted communications or surveillance. For instance, the order may bar the respondent from following the petitioner in public, showing up at their home, or sending unwanted gifts or letters. Because the terms of a PPO can be customized to address the petitioner’s concerns, they may impose significant restrictions on the respondent’s daily life. This makes legal representation especially important for individuals defending against such orders.

Penalties for Violating a Personal Protection Order

Although a PPO is issued in a civil proceeding, violating its terms is a criminal matter in Michigan. A first violation of a PPO can result in immediate arrest, contempt of court proceedings, fines, and jail time of up to 93 days. Repeat violations may carry harsher penalties, including longer jail sentences.

Defenses to Personal Protection Orders

Just as petitioners may have valid reasons for requesting PPOs, respondents may also have strong defenses to oppose them. Michigan law requires petitioners to demonstrate a reasonable fear of harm, harassment, or intimidation. If that standard is not met, the court should not issue a PPO. For instance, disputes that are merely unpleasant or rooted in miscommunication may not justify a personal protection order.

Respondents may also argue that the allegations are exaggerated, false, or unsupported by credible evidence. In some cases, a petitioner may misuse the PPO process to gain an advantage in divorce or custody proceedings, making careful scrutiny of the claims essential. Evidence such as text messages, emails, or witness testimony can often help demonstrate that the respondent’s conduct does not meet the threshold for issuing or continuing the order.

When a PPO is already in place, respondents may challenge it by filing a motion to terminate or modify the order. At these hearings, courts must weigh both the petitioner’s safety concerns and the respondent’s constitutional rights, including the right to free speech and freedom of movement. Because these cases involve high stakes for both sides, having skilled legal counsel is crucial.

Speak with a Knowledgeable Muskegon Criminal Defense Attorney

Personal protection orders can impair people’s rights in immediate and lasting ways. If a party is seeking a PPO against you that you believe is unwarranted, you should consult with an experienced attorney to ensure your rights are safeguarded. The knowledgeable Muskegon criminal defense lawyers of McCroskey Law understand the serious implications of personal protection orders, and we can help you seek the best result possible. We have offices in Grand Rapids, Muskegon, and Battle Creek, and we regularly represent clients in Kent, Newaygo, Muskegon, and Ottawa Counties. To set up a confidential consultation, you can contact us at 800-442-0237 or reach out through the form on our website.