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Restraining Order Attorney in Grand Rapids, MI

Facing a Restraining Order Can Feel Overwhelming—But You Don’t Have to Face It Alone

Being served with a restraining order, formally known as a Personal Protection Order (PPO) in Michigan, can be a profoundly alarming and disorienting experience. A PPO is a civil court order that forbids one individual (the "respondent") from engaging in certain actions towards another (the "petitioner"). While a PPO itself is a civil matter, violating its terms immediately escalates into a criminal offense, carrying the potential for jail time, substantial fines, and a lasting criminal record. 

The restrictions imposed by a PPO can significantly impact your daily life, affecting where you can go, who you can contact, and even your ability to possess a firearm. When facing a PPO or an accusation of violating one in Michigan, particularly in the Grand Rapids area, you need immediate, decisive, and highly skilled legal representation. Tanis Schultz provides robust, strategic, and discreet defense for individuals navigating restraining order charges and violations, standing as a formidable restraining order attorney in Grand Rapids.

Contact a seasoned BUI attorney in Grand Rapids today. Call (616) 227-3737 now or reach out online to schedule your free legal consultation.

Understanding Personal Protection Orders (PPOs) in Michigan

In Michigan, restraining orders are formally known as Personal Protection Orders (PPOs), governed by Michigan Compiled Laws (MCL) § 600.2950. A PPO is a civil court order issued by a Circuit Court judge that prohibits certain conduct. It's important to understand the different types of PPOs and the conduct they prohibit:

Types of PPOs:

Domestic Relationship PPO:

  • Relationship Requirement: To obtain this type of PPO, the petitioner must demonstrate a specific "domestic relationship" with the respondent. This includes spouses or former spouses, individuals who have a child in common, individuals who live or have lived in the same household, and individuals who have or have had a dating relationship.
  • Prohibited Conduct: A Domestic Relationship PPO aims to prevent:
    • Assaulting, attacking, beating, molesting, or wounding the petitioner.
    • Threatening to kill or physically injure the petitioner.
    • Harassing, stalking, or communicating with the petitioner (e.g., in person, by phone, text, email, social media).
    • Entering the petitioner's residence, property, school, or workplace.
    • Interfering with the petitioner's efforts to remove children or property from a shared residence.
    • Removing minor children from the petitioner's custody without permission.
    • Buying or possessing a firearm (if the PPO is issued for domestic violence that involves a threat or act of violence).
    • Engaging in or threatening to injure, kill, torture, neglect, or remove an animal in which the petitioner has an ownership interest.

Non-Domestic Stalking PPO:

  • Relationship Requirement: This type of PPO is for individuals who do not have a domestic relationship with the respondent.
  • Prohibited Conduct: It is issued to prevent stalking. Stalking is defined as "a willful course of conduct involving repeated or continuing harassment" of another person that would cause a reasonable person to feel terrorized, frightened, intimidated, threatened, harassed, or molested, and that actually causes the victim to feel that way. A "course of conduct" requires at least two separate incidents.

Non-Domestic Sexual Assault PPO:

  • Relationship Requirement: This is also for individuals who do not have a domestic relationship with the respondent, but where the concern is sexual assault.
  • Prohibited Conduct: It can be issued if the respondent has been convicted of sexually assaulting the petitioner, or if there is reasonable cause to believe the respondent has sexually assaulted the petitioner or threatened to do so, even without a criminal conviction.

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Violating a PPO: A Criminal Offense in Michigan

The most critical aspect of a PPO for the respondent is that any violation of its terms is a criminal offense punishable by contempt of court. This is not a civil matter; it is a criminal charge that can lead to immediate arrest and jail time.

Michigan Compiled Laws (MCL) § 600.2950(23) states that a person who fails to comply with a PPO is subject to the criminal contempt powers of the court.

Penalties for PPO Violation:

  • Immediate Arrest: If a law enforcement officer has probable cause to believe a PPO has been violated, they can make a warrantless arrest of the respondent. This means you can be taken into custody immediately.
  • Criminal Contempt of Court: A violation is typically charged as criminal contempt of court, which is a misdemeanor offense.
    • Jail Time: Up to 93 days in jail.
    • Fines: Up to $500.
    • Probation: The court may also impose probation.
  • Arraignment within 24 Hours: If arrested, you have the right to appear before the District Court (or Family Division of Circuit Court) within 24 hours for an arraignment on the contempt charge.
  • Violation Hearing (Show Cause Hearing): If you plead not guilty, a violation hearing (often called a "show cause" hearing) will be scheduled, typically within 72 hours of arrest, where the judge will decide if you are guilty of the violation. The prosecution must prove the violation beyond a reasonable doubt.
  • Impact on Other Cases: A PPO violation can significantly impact other ongoing legal matters, such as divorce proceedings, child custody disputes, or underlying criminal charges, potentially leading to more severe penalties or unfavorable rulings.

What to Expect in Grand Rapids Courts

The judicial process for obtaining a restraining order in Grand Rapids typically requires filing a petition at the Kent County Courthouse. Consulting with a restraining order lawyer in Grand Rapids, such as those at Tanis Schultz, is wise to navigate these complexities efficiently. The court may initially grant a temporary order, followed by a full hearing to decide on a permanent order.

Preparing for court involves gathering evidence that supports the need for protection, such as documented communications, witness statements, or any police reports filed. Our attorneys emphasize the importance of thorough preparation for each hearing, considering potential counterarguments from respondents. By developing a comprehensive strategy and rehearsing court appearances, we aim to instill confidence in our clients, allowing them to effectively present their cases with conviction.

Take Action Now

Ensuring your safety and peace of mind is our priority at Tanis Schultz. By seeking our guidance, you gain access to a dedicated team with over 50 years of combined experience. 

Our tailored approach offers not only immediate legal assistance but also long-term strategic planning, ensuring a smooth transition through all phases of legal proceedings. At Tanis Schultz, we acknowledge the emotional impact of seeking legal protection. Thus, we accompany you through every step, providing consistent updates and addressing concerns promptly, ensuring you feel supported and informed throughout the entire process.

We offer same-day appointments and free consultations, underlining our commitment to convenience and support. Call (616) 227-3737 today to discuss your case with a compassionate and professional attorney who values your safety and legal rights.

Frequently Asked Questions

What Should I Do If I've Been Served With a Restraining Order?

Take the order seriously and read it carefully. Violating any part of it can lead to criminal charges. Avoid contacting the petitioner in any form and comply with all conditions. Contact an attorney at Tanis Schultz immediately to review your options and prepare for the scheduled hearing.

Will I Have a Chance to Defend Myself in Court?

Yes. A hearing is usually scheduled within 14 days of the temporary order being issued. This is your opportunity to present your side of the story, submit evidence, and call witnesses. Our attorneys at Tanis Schultz will work with you to build a defense and advocate for your rights during this critical proceeding.

Can a Restraining Order Affect My Criminal Record?

If the restraining order includes allegations of criminal behavior or if you violate its terms, it may result in criminal charges that could affect your record. Even without a criminal conviction, having a restraining order against you can impact background checks, employment, and custody matters. Legal representation can help mitigate long-term consequences.

What Happens If I Accidentally Violate the Order?

Even unintentional violations can lead to arrest. For example, responding to a message from the petitioner or showing up at a location they are present at—even by coincidence—can be grounds for legal action. Contact your attorney immediately if you believe a violation has occurred or if you’re unsure about a situation. At Tanis Schultz, we can guide you on how to navigate these gray areas.

Can I Challenge or Remove the Restraining Order?

Yes. You can contest the order during the court hearing. If the judge finds insufficient evidence for ongoing protection, the order may be dismissed. Our legal team helps gather evidence, identify inconsistencies in the petitioner’s claims, and present your case with clarity and professionalism.

Will This Affect My Ability to See My Children?

Possibly. Some restraining orders include clauses that limit or prohibit contact with your children, especially if the petitioner is a co-parent. This can also impact custody and visitation arrangements. Our attorneys work to protect your parental rights and may help request modifications to preserve access while ensuring compliance with the court order.

Can I Still Go to Work or School?

That depends on the terms of the order. If the petitioner is someone you work or attend school with, the order may restrict your access to certain buildings or areas. Inform your employer or school administration, and let your attorney at Tanis Schultz help you seek adjustments if needed to avoid unintentional violations.

What Are the Long-Term Consequences of a Restraining Order?

Even if the restraining order isn’t criminal, it can still have lasting effects—such as impacting gun rights, job opportunities, or family law disputes. Working with an experienced defense attorney is crucial to understanding your risks and minimizing future damage.

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