When intimate partner relationships turn violent, it can create intense conflict and put everyone at risk, including the survivor and the family's children. Knowing how domestic violence and restraining orders interact can help you create a plan to keep everyone safe. The Michigan family law attorneys at Bebout, Potere, Cox & Bennion, P.C., know when and how to seek restraining orders and raise or defend against domestic violence in divorce and custody matters to protect you and your children.
Personal Protection Orders
Personal protection orders (also called restraining orders or PPOs) are a tool the Michigan courts use to protect citizens from stalking, harassment, and abuse. It is a court order that prevents the person accused of the behavior (the respondent) from harming, stalking, or even entering the presence of the one seeking protection (the petitioner). It gives the police the authority to be proactive in removing the respondent from the petitioner's presence before any more harm can be done.
There are domestic and non-domestic restraining orders. Domestic PPOs protect against intimate-partner violence and can be entered against the petitioner's:
- Current or former spouse
- Coparent (person with whom the petitioner shares a child in common)
- Roommate or current or former resident of the same household
- Boyfriend, girlfriend, or romantic partner with a current or former “dating relationship.”
Non-domestic PPOs are more limited and generally require evidence of stalking, cyberbullying, or actual or threatened sexual assault. However, they can be entered against anyone who has engaged in the prohibited conduct. PPOs may also be entered on behalf of children.
To obtain an immediate (or ex parte) PPO, you will need to be able to demonstrate a pattern of abusive behavior. Unless it is severe, a single act will not be enough. You can work with your Michigan family lawyer to complete the petition for PPO, lay out your story about what happened, and gather police reports, medical documents, photographs, and other evidence of abusive or stalking behavior, and file it with the Michigan family court.
PPOs can be entered on an ex parte basis – without notice to the respondent – or after an hearing. An ex parte PPO is often entered the same day the petition is filed. It is effective immediately and enforceable as soon as it is served on the Respondent.
If the Court is not convinced immediate relief is required – such as if the abuser is in jail when you file the petition – it may set the case for a hearing first. A hearing will also be scheduled if the respondent objects to the restraining order after it is entered. At that hearing, you will need to testify about what happened and present evidence showing you need protection. Then the respondent will be given an opportunity to raise any defenses and testify on his or her own behalf.
Defending Against False Abuse Allegations
While it does not happen often, sometimes a parent or spouse will file a petition for restraining order based on false or overstated claims of abuse to gain an advantage in their divorce or custody case. Having a personal protection order entered against you can affect your job, limit your right to possess firearms, and can make it harder to maintain contact with your children while the divorce is pending.
Defending against a restraining order requires the help of a skilled Michigan family lawyer who understands your rights and the process. By filing an objection to the personal protection order shortly after it is entered, you can force the petitioner to back up their claims. The resulting evidentiary hearing will give you the chance to state your case and put any questionable actions into context.
How Domestic Violence Affects Custody
Domestic violence is one of the twelve “best interest factors” that Michigan family court judges must consider in every custody case. This isn't just about physical abuse of the children. The law requires the court to consider physical and emotional harm in the family dynamic, whether it is directed at or witnessed by the children or not. The Court can also consider the possibility of abuse of a child or violence toward a parent in setting a parenting time schedule. If the allegations are significant, the Court can place restrictions on parenting time including supervision, and in the most severe cases, suspend parenting time entirely.
However, abusive parental behaviors affect far more than just that one or two factors in a custody determination. Abuse can affect every aspect of your and your children's lives. A skilled Michigan family lawyer can guide the Court to consider how an abuser's behavior affects everything from parental discipline to the stability of the children's home environment, making it more likely that the resulting custody and parenting time order will keep your children safe.
How Domestic Violence Affects Divorce
Even though Michigan is a “no fault” divorce state, domestic violence allegations can still play a role in a divorce. They can be a factor the courts consider in awarding spousal support and dividing property based on the “past conduct of the parties.” If you are in a worse situation because of the way you were treated, the Court can grant you a larger equitable share of the property and order a rehabilitative spousal support award, giving you an opportunity to get back on your feet.
Get Help with a Domestic Violence from a Michigan Family Lawyer
At Bebout, Potere, Cox & Bennion, P.C., we care about you and your family. We help individuals and families in Rochester Hills, Rochester, Troy, Lake Orion, Oxford, Oakland County, Macomb County and throughout Southeast Michigan. We can help get a restraining order and raise or defend against domestic violence allegations in your divorce or custody case. Call us at 248-651-4114 or contact us here to speak to an attorney.