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What is Michigan’s stance on protective orders?

On Behalf of | Nov 4, 2019 | Criminal Defense

A person may seek a protective order against another individual for several reasons. Most commonly, Michigan courts award protective injunctions in cases of domestic violence. However, physical assault does not have to occur for one person to feel threatened by another. Stalking, incessant phone calls, unwanted visits and other unwelcome attention may all serve as grounds for a protective order. If another person seeks a protective injunction against you, you must understand the laws on such an order. FindLaw briefly covers Michigan’s protective order laws. 

A protective order, or “restraining order,” is a court-ordered document that requires you, the named individual, to stay a certain distance away from the petitioner. If the unsolicited attention involves phone calls, text messages or other forms of digital communication, the order may include a provision prohibiting all types of contact. 

Per Michigan law, protective orders provide a minimum of 182 days of protection. However, the courts may use their discretion to modify the length of any protective order to make it either longer or shorter. Activities that restraining orders may address include physical contact, electronic or phone communication, exclusion from work premises, exclusion from minor children, the passion of firearms and access to information. Persons who may apply for orders include household members, spouses and ex-spouses, prior partners and parents of one’s children. 

If you violate a protective order, the courts may hold you in civil or criminal contempt, or both. The punishment for violating a restraining order includes a maximum of 93 days in jail, a maximum fine of $500 or both. 

The content of this article is for informational purposes only. You should not construe it as legal advice.