Domestic violence is a particularly pervasive problem because it can go on regularly within the four walls of the home, which is supposed to be a safe haven from all the dangers of the outside world.  Each state has its own remedies and methods for obtaining a solution; however, there is a similar general process that most states follow when dealing with issues of domestic violence. 

Domestic Relationship Personal Protection Order

Michigan law defines domestic violence as any of the following acts committed by “family members,” “household members,” “someone you are dating,” or “someone you have a child in common with:” assault, sexual assault, or any other harmful contact; threats to physically harm you; stalking; interference with your freedom to move; or putting you in fear of physical harm through words or actions.  The court will examine the relationship of the parties to determine whether or not they qualify as family or household members.

Michigan law provides for domestic relationship personal protection order for victims of domestic abuse.  There are two types of orders – an ex parte protection order and a final protection order.  An ex parte order, which can last up to 182 days but generally not more than 14 days, may be given to you on the day you file your Petition for a Protection Order if the judge believes you are in imminent danger.  A final protection order cannot be issued until the alleged abuser is given a chance to recount his or her side of the story.  The ex parte protection order will be issued for the length of time you have to wait until your hearing.

After you file your Petition for a Protection Order, you will be given a hearing date, and the court will serve your alleged abuser with the appropriate paperwork that will notify him or her of the hearing date.  After you and your alleged abuser are each provided with a chance to give your respective sides of the story, the judge will decide whether or not to issue a final protection order.  If your petition is granted, the time it remains in effect varies based on the particulars of your situation. You may, however, apply for a renewal which may be granted subsequent to a hearing should your petition be in danger of expiring. 

If, after your hearing, you are granted a domestic violence protective order, it is likely to order the abuser to do the following things: stay away from you and your children; stay away from you and your children’s residence, workplace, school, and day care center; stop contacting you or your children; move out of the house; surrender any firearms to the sheriff’s office; pay for your legal fees; give you possession of any shared property that is necessary; and attend counseling. The domestic violence protective order is also likely to order child support and award you temporary custody of any children you have together. 

Finding Domestic Violence Resources

The National Domestic Violence Hotline can be reached at 1-800-799-7233 and is operational 24 hours a day, 7 days a week, and in more than 100 languages.  It can help you find nearby domestic violence shelters, emergency shelters, legal help, and social service programs.

The Feminist Majority Foundation has put together a database of national organizations that can help victims of domestic violence get relief from their abuser. 

Resources for residents of Michigan who have been victims of domestic violence can be found here.