Temporary restraining orders explained

Temporary restraining orders are tools for untenable situations. Please note, if you’re in a situation that puts you or your children in danger, call 911.

If you are not in imminent danger, but you want help when dealing with a former spouse, a temporary restraining order is an excellent choice. A restraining order is also referred to as a Personal Protection Order, or PPO. Here is a brief explanation of how temporary restraining orders work in the state of Michigan.

What is it?

A restraining order is a court order directing the named party to do or not to do certain things. For example, a restraining order may stipulate that one party must stay a certain distance from the other party.

As part of a family law case, a person can seek a civil restraining order. If the named party violates the stipulations of the restraining order, that person can go to jail. Domestic abuse may be an aspect that makes the situation insupportable.

There are different sorts of PPOs in Michigan, and you should consult a legal professional when obtaining one or considering moving out of state when you already have an order.

Why would you need one?

A restraining order has different goals. Mostly these legal orders are used to protect one party or any minor children involved. Here are some other reasons for a temporary restraining order:

• Terminate contact
• Evict someone from a house, even if he or she is the owner
• Protect family members
• Order the abuser to pay costs stemming from abuse or mistreatment
• Police supervision when removing personal effects
• Mandate professional counseling

How do you get one?

The family division of your county’s circuit court will have the necessary forms.

When you apply for one, a judge may grant you an ex parte domestic relationship restraining order or PPO without a full hearing or the presence of the accused party. This grants an order within 24 hours of filing, but you must prove that any delay will result in further damage or harm. This type of PPO is valid for six months, and the abused can request a hearing to modify or rescind the order at any time.

Requirements

To get a temporary restraining order, there are certain requirements that must be fulfilled before a judge will grant one. In terms of the relationship between you and the abuser, one of the following must be true. The person who you are requesting a restraining order against has to be:

• A spouse or former spouse
• A person you used to date or are dating
• The biological parent to your child or children
• Someone who has lived in your house with you

Sometimes things get out of hand, and you need backup in the form of police protection or a court order. If you are involved in a domestic dispute, consult experts like those at Gucciardo Family Law to see what option works best for you. A temporary restraining order may be your best course of action.