Can a Domestic PPO Affect My Child Custody Case in Michigan?

Child custody is a complicated issue. It becomes even more complex when one parent is the subject of a domestic Personal Protection Order (PPO) in Michigan.

PPOs are legal mandates designed to safeguard individuals from harassment, stalking, or violence. While they’re often crucial for ensuring the safety of those who seek them, they can influence the outcome of custody arrangements.

What Is a Personal Protection Order?

A Personal Protection Order is a court-issued directive that restricts an abuser’s contact with their victim. Michigan courts can issue three types of PPOs:

• Domestic Relationship PPOs

• Non-Domestic Stalking PPOs

• Non-Domestic Sexual Assault PPOs

As their name suggests, Domestic Relationship PPOs are issued in domestic relationships, such as marriages, dating relationships, or parent-child relationships, in which the respondent has committed an act of domestic violence.

The Impact of PPOs on Child Custody Cases

A Personal Protection Order can have significant implications for child custody determinations.

If a PPO is filed against an individual, it may limit their ability to interact with or be near the protected parties, which might include their own children. As a result, it effectively limits that person’s parenting time and access to the child, at least on a temporary basis.

Violating the terms of a PPO, such as by attempting to contact the protected party or entering prohibited locations, can result in serious legal consequences, such as detainment or potential penalties like fines or jail time. Such circumstances could further jeopardize the parent’s standing in any ongoing child custody proceedings.

How PPOs Can Influence Custody Arrangements

Michigan courts prioritize the best interests of the child when determining child custody by considering factors like emotional ties, the stability of the home environment, and the moral fitness of both parents.

Consequently, if a Personal Protection Order is issued, it may include provisions for temporary custody of any children shared between the victim and the abuser. The PPO might grant primary custody to one parent while restricting the other’s access and parenting time to ensure the safety of the filer and any children involved.

That said, courts know that some parents might try to use PPOs to advance their agendas in custody disputes. Thus, PPOs relating to custody arrangements are generally temporary measures, with the expectation that a more comprehensive evaluation is needed to determine the most appropriate long-term parenting plan.

Fighting for Custody Amidst a Domestic PPO

Having reliable legal counsel is critical for parents involved in custody disputes where a PPO has been issued.

Attorneys can help their clients deal with the complexities of both family and domestic violence laws. By seeking legal guidance and gathering relevant evidence, parents can ensure their children’s best interests are at the forefront of the decision-making process.

If you or a loved one are facing a custody dispute and a domestic PPO is involved, contact the compassionate family law attorneys at Gucciardo Family Law. We can provide the dedicated legal advocacy and support you need to protect your parental rights and your child’s well-being.