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September 30, 2020

How to Get a Restraining Order in Michigan

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September 30, 2020

When an abuser makes your home life difficult or frightening, it can impact many other parts of your life. You may spend much of your time worrying about your children or other members of the household, not to mention the mental and physical toll of the abuse. 

But you may not know how to get a restraining order in Michigan, or you may be afraid to file one. Check out the steps below to learn more about your options and how you can get the restraining order or personal protection order (PPO) you need. Reach out to a qualified Metro Detroit criminal defense lawyer for help.

File Your Petition

If someone is harming you or otherwise violating your personal freedom, you may have grounds for a PPO or a restraining order, depending on the details of your case. Your Michigan domestic violence lawyer can help you determine your best options for protecting yourself and your family. 

Getting your restraining order in Michigan starts with filing a petition. The clerk of the court will give you the right paperwork, on which you’ll list the reasons you’re seeking a restraining order and what abuse you’ve suffered at the hands of another. 

Your Ex Parte Hearing

When you seek a restraining order, you’ll attend two hearings. The first is the ex parte hearing, which your abuser will not attend. During this hearing, the judge will read your petition and grant you a restraining order. 

You’ll then need to arrange for the papers to be served to the abuser. Although you can’t do this yourself, your lawyer, the police, or other adults can serve these papers. That notifies them of the restraining order and gives them a chance to seek a hearing. Luckily, your lawyer can help you prepare your evidence if they choose to request a hearing to get the restraining order changed or canceled. 

Your Hearing in Michigan Court 

Although a Michigan order goes into effect immediately, your abuser may try to fight the charges. You’ll both attend another hearing when this happens to present evidence supporting your individual sides. 

This is why a restraining order lawyer can be crucial. They can help you gather witnesses, provide medical records of physical abuse, and any other evidence that could support your case. Your safety and security is our top priority, and we’ll work diligently for you. 

Talk to a Lawyer when Seeking a Restraining Order 

When your spouse, partner, or a family member is abusive, you have options. You have opportunities to get a restraining order in Michigan. That protects you and your family from the actions of an abuser. 

Your lawyer from Schwartz Criminal Defense Firm can help you seek a restraining order. They can limit your contact with your abuser and ensure you take the right steps toward protection. When you’re ready to file for a restraining order, begin by calling 248-930-5019 or by completing the online contact form below.