In Michigan, the family court plays a vital role in safeguarding domestic violence victims from harm. A judge can take measures to address the immediate threats of domestic violence and to promote longer-term safety and stability for victims and their families. However, this requires a victim taking proactive steps, with the aid of a qualified attorney, to secure these protections.
One form of relief is a Personal Protection Order (PPO), a court-issued directive against an individual engaging in specified actions. A Michigan statute provides that a PPO is available to a party who can demonstrate a reasonable fear of assault, harassment or other forms of abuse by another person. The statute outlines several actions that the PPO can prohibit, including these:
- Assaulting, attacking, or threatening
- Stalking, harassing, or intimidating
- Entering the victim’s residence or workplace
- Interfering with the victim’s efforts to remove children or personal property
- Purchasing or possessing a firearm
- Any other behavior the court deems necessary to prohibit in order to protect the victim
The person seeking a PPO must file a petition with the family court, clearly outlining the abusive behavior and the feared potential harm. In certain emergency situations, a PPO can be granted without notifying the abuser in advance. This “ex parte” order provides immediate protection for the victim until a full hearing can take place.
Violating the terms of a PPO is a serious offense, with consequences ranging from arrest and criminal charges to fines and jail time. The police have the authority to enforce the order, ensuring the victim has recourse if the abuser disregards the court’s directive.
Obtaining a PPO is strong first step for preventing further abuse. With the help of a family law attorney skilled in domestic violence cases, a victim may also pursue other legal avenues to secure longer-term safety and support. These include:
- Child custody and visitation modifications — Allegations of domestic violence will influence a court’s decision as to whether a parent should have access to the children of a household. A victim of domestic violence can petition the court to modify existing custody and visitation arrangements with the goal of ensure the children’s safety. In severe cases, the court may terminate visitation rights altogether.
- Temporary financial support — Domestic violence victims often remain in abusive situations if they have been financially dependent on the alleged abuser in whole or in part. If a need is established, the court may order temporary spousal or child support to ensure the victim has resources to maintain housing, food and other basic necessities after leaving the abusive relationship.
- Relocation assistance — Victims of domestic violence sometimes need to relocate for safety reasons. A court may provide legal authorization for a victim to move with their children, overriding objections from the alleged abuser. Relocation can be essential to breaking the cycle of abuse and offering the victim and their family a fresh start.
- Criminal charges — If the abusive behavior constitutes a criminal offense, such as assault and battery or harassment, a victim can press charges. This can lead to arrest, prosecution and potential imprisonment of the alleged abuser.
Dawson Family Law, PLLC advises Michigan residents on legal actions arising from alleged instances of domestic violence. To schedule a free consultation at my office in Troy, please call 586-514-0084 or contact me online.
