If you have experienced domestic violence in your marriage, divorce may feel like a dangerous escape. But there are ways the Michigan courts can protect domestic violence survivors during divorce. Working with a Michigan family lawyer experienced with these issues can ensure you and your children are protected during this difficult time.

What Counts as Domestic Violence in Michigan Divorce

Just because you have not been physically hit does not mean you are not experiencing domestic violence or abuse. The criminal courts generally look at domestic violence as a form of assault and battery or sexual assault within the context of an intimate relationship. But in the context of divorce or custody cases, the definition is far broader. You may be able to seek protection from the Michigan courts if you have experienced:

• Physical assault
• Sexual assault (including non-consensual intercourse during a marriage)
• Mental and emotional abuse
• Financial control
• Isolation from friends and family
• Threats and intimidation
• Stalking (including cyberstalking)

One common tool Michigan family lawyers use to demonstrate domestic violence is the “Power and Control Wheel” published by the Domestic Abuse Intervention Project:

This illustration demonstrates how abusers can use multiple facets of life together – including the parties' children – to exert and maintain control over their partner. By looking at your experiences through this framework, you and your attorney can better understand and explain how your abuser has put you and your children at risk.

How Courts Can Protect Domestic Violence Survivors During Divorce

Leaving an abusive relationship is hard, both practically and emotionally. That's why it is so important to work with attorneys who understand the power dynamics in abusive relationships, who can ensure all the necessary protections are in place to protect you and your children. There are several tools available to Michigan family courts to do this:

Safety Plans

Before you begin any litigation with an abusive partner, you and your Michigan family lawyer should develop a safety plan. While this is not a court order, it will provide you with options and peace of mind to know what to do if the situation escalates or you feel unsafe. Your safety plan could include:

• Connecting with a Domestic Violence Agency advocate
• Identifying safe people and places you can go when you separate
• Establishing a timeline for when and where service of process will occur
• Creating a bug-out list of items and documentation to take with you when you leave
• Getting a list of emergency contacts
• Helping you keep your location confidential

·       Addressing financial and practical concerns including housing and support

Personal Protection Orders (PPOs) and Restraining Orders

You or your attorney can file a petition for a personal protection order and obtain a PPO even before your divorce begins. This order, which is effective immediately and can be enforced as soon as it is served on the respondent, gives police authority to intervene and prevent contact between you and your abuser, even before any conflict occurs. It can keep your partner from entering your home, place of employment, or any place you might be found, stop them from contacting you, and can restrict their access to guns and other dangerous items when needed. A PPO can be entered “ex parte” – without notice to your spouse – so you don't have to worry about the petition making him or her angrier or more violent. Once entered, it is up to your spouse to file a motion to set the order aside. Only then will you have to provide evidence to prove the pattern of abusive conduct.

Interim Orders for Support, Parenting Time, and Financial Concerns

If you have children in common, or if you were financially dependent on your abusive spouse, there may be issues that need to be resolved right away while your divorce is pending. The Michigan family courts have the authority to enter interim orders for:

• Custody and parenting time (including preventing parental kidnapping)
• Child support
• Spousal support (or alimony)
• Attorney fee contributions
• Exclusive use of the home or vehicle
• Protective orders against concealment or dissipation of assets
• Mutual “status quo” orders for ongoing payment of expenses

By filing a motion to address these temporary issues along with your initial complaint for divorce, your attorney can make sure you have the resources you need to see the case through to its completion.

Mediation and Arbitration

In most divorce cases, a negotiated settlement through mediation or arbitration is often better than going to trial. But in cases involving domestic violence, the unequal bargaining power between abusers and survivors means that alternative dispute resolution may not be appropriate, or additional protections may be needed (such as holding mediation virtually to protect your location). Michigan family courts, mediators, and arbitrators each have special steps they need to take when domestic violence is an issue. By promptly raising your safety concerns, you can ask the Michigan courts to even the odds and make sure your abuser can't use the court's systems against you.

In-Court Protections

Eventually, you will most likely need to attend a court hearing along with your abuser. This can be frightening, and you may reasonably worry about the risk of abuse before, during, or immediately after your hearing. If so, your Michigan family attorney and the court's staff can help by putting in-court protections in place. This could include:

• Holding hearings virtually instead of in-person
• Allowing you to wait in a jury room or conference room
• Asking the bailiff (courtroom police officer) to provide security
• Controlling when each party leaves to prevent your abuser from following you

Talk to your attorney about your concerns so that together you can build a plan to keep you safe while advocating for your rights.

Get Help with a Domestic Violence Divorce 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 PPO and make use of Michigan court protections in your divorce or custody case. Call us at 248-651-4114 or contact us here to speak to an attorney.