Till Death Do Us Part: Litigating Domestic Violence and Personal Protection Order Cases

Our work is centered around criminal justice matters, which include a wide range of cases like driver's license restoration, wrongful death, juvenile and adult criminal defense, drinking and driving, and college defense. Domestic violence and PPOs are criminal issues, not family law.

Domestic Violence and PPOs: Our Focus

Domestic violence (DV) cases and PPOs are closely linked to family law, but they fall under the criminal justice umbrella. Domestic violence involves charges for assault and battery in intimate relationships, while PPOs involve restraining someone from contact. We handle both, whether defending clients charged with domestic violence or helping individuals seek or defend against PPOs.

Domestic Violence in Michigan: What You Need to Know

Elements of a Domestic Violence Charge

In Michigan, domestic violence charges are typically based on assault and battery, but there are some key aspects. To charge someone with domestic violence, there must be a relationship between the accused and the victim, like spouses, ex-spouses, or intimate partners. Domestic violence can even involve a push or a shove, or a threat of harm, without needing physical injury.

While there doesn’t need to be lasting injury for a domestic violence charge, any injury that occurs may elevate the charge to something more severe, like aggravated domestic violence or felonious assault.

Types of Domestic Violence Cases

There are various levels of domestic violence charges in Michigan. Repeat offenders face more severe penalties, similar to the way DUI offenses are handled. For example, someone with a prior domestic violence conviction faces a more serious charge if they offend again. Other serious charges include aggravated domestic assault or assault by strangulation. The latter is a felony that can result in significant penalties.

Arrest Procedures for Domestic Violence Cases

When a domestic violence report is made, police must take action. Even if the victim doesn’t want to press charges, if there’s corroborative evidence—such as visible injury or a disheveled home—the police are required to make an arrest. After an arrest, the accused is usually arraigned within 48 hours. in about 95% of cases, the person will be prohibited from returning home or having contact with the alleged victim while the case is pending.

Consequences of a Domestic Violence Charge

The consequences of a domestic violence conviction in Michigan are severe. In addition to jail time, fines, and probation, convicted individuals may face an eight-year ban on possessing a firearm. This can have significant implications, especially for gun owners and hunters. Other collateral consequences include travel restrictions, difficulties finding housing, and potential immigration concerns.

Personal Protection Orders (PPOs): Understanding the Process and Consequences

Types of PPOs in Michigan

In Michigan, PPOs are categorized as either domestic or non-domestic. Domestic PPOs are typically used when there’s an intimate relationship—such as between spouses or partners—where there’s a fear of violence or stalking. Non-domestic PPOs apply when there’s no intimate relationship, such as disputes between neighbors or coworkers.

The requirements for each are different, with domestic PPOs being easier to obtain since judges are more inclined to protect individuals in intimate relationships from potential violence. Non-domestic PPOs require a higher standard of proof, often needing evidence of stalking or harassment.

How PPOs Protect the Victim and Impact the Offender

While PPOs are not physically enforceable—meaning they don’t create a barrier between the parties—they’re legally binding and enforceable by law enforcement. Violating a PPO can lead to contempt of court charges and possibly new criminal charges. They can also affect your ability to own firearms, secure employment, and maintain your reputation.

Differences Between PPOs and Restraining Orders

PPOs and restraining orders are essentially the same when referring to personal protection orders. However, restraining orders are commonly used in civil law, while PPOs are the term used in Michigan to protect individuals from harassment or violence.

How We Help with PPO Cases

Seeking a PPO: What’s the Process?

If you’re seeking a PPO, you must file directly with the court. While we can guide you on the forms, you must submit the paperwork on your own. In cases involving stalking, harassment, or threats, you’ll need to include evidence—such as police reports or videos—and serve the other party with the petition.

Defending Against a PPO: Our Process

When someone comes to us looking to defend against a PPO, we first evaluate what led to the request. If the client has made threats or engaged in harmful behavior, we may advise against pursuing a defense. But if there’s a legitimate dispute, such as a false accusation, we’ll prepare the client for a hearing. This includes helping them gather evidence and get ready to testify in court.

Defending Against a Non-Domestic PPO

Whether you’re dealing with a domestic violence charge or need help with a PPO case, the consequences can be significant. The criminal justice system treats these matters with great seriousness, but there are ways to defend against accusations and minimize the impact on your life. If you or someone you know is facing these legal challenges, contact our criminal defense attorney in Ann Arbor to learn more about how we can help you navigate the process. We offer a free consultation to discuss your case and help you understand your legal options.

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