A Domestic Violence Restraining Order, or in some states it is just called a restraining order (RO), is a legal order issued by a state court which requires one person to stop harming another.In Michigan, restraining orders are known as personal protection orders (PPO’s). The website, www.WomensLaw.org contains information on how to file RO’s in each state. You can also go on your state’s government website and download the RO forms. Each state also has a self help office that supplies forms and answers questions on how to fill them out and file them. In states such as MI, there are two types of PPO’s, domestic and stalking. On a Domestic PPO you must show the court that this person is interfering with your personal freedom or has threatened or committed violence against you. On a stalking PPO you must show that someone else has committed a pattern of two or more acts without your consent that make you feel threatened, harassed, frightened, or molested.
Tips for preparing to file a restraining order:
By Leah Hill, Wings for Justice Advocate
In Domestic Violence, hearsay is admissible as evidence.
Victims should prepare a backwards timeline that includes:
- a detailed list of events explaining when, where and how she was physically assaulted by her partner.
- all events where she was afraid (her partner) would hurt her.
- include the reasons why she was afraid that harm or assault was imminent.
Each incident counts as a separate incident of Domestic Violence.
Also, if there is a reasonable basis for her fear based on past events/incidents.
A separate, detailed timeline should be made for the children.
Mothers should prepare a backwards timeline for the children that includes
- a detailed list of events when, where and how the children were physically assaulted (by her partner)
- she was afraid (her partner) would hurt the children
- include the reasons why she was afraid that harm or assault was imminent
Attorneys / advocates can always remove any parts that they believe do not meet the definition in the statute, but in a Petition for a restraining order more info is always better to start with.
A case for a restraining order for the mother is made and granted separately from that of the children, so it is very important to document the abuse separately, and in as much detail as you can recall.
Witnesses / Disclosures
For each instance of abuse, if you told anyone about the incident, ask that person if they are willing to write a declaration describing your disclosure to you. Look up your state’s format and have each witness sign their statement of support in the official declaration format, as corroborative information for your DV case.
The historical DV timeline may be rough, spotty and not detailed, when it comes to remembering the past. It may refer to “Easter 2015”, or “Anniversary trip, 2016”. The incident may have been far in the past, but it still applies, as it shows a pattern of abuse. Include as many details as you can recall, and start filling in your backwards timeline, meaning the most recent incident will be listed first.
Include copies of any and all police reports, hospital records, ER visits, doctor’s visits, as documentation to support your timeline is extremely helpful. Order and research this info to support your petition for a Domestic Violence Protection order (DVPO).
Tips for filling out the forms:
From the Michigan government website:
- You are the “petitioner”. The person you want protection from is the “respondent.”
- As best as you can, state what the respondent did, what happened to you as a result, and the dates when events happened. A police report or other documents can help the judge understand your situation.
- It’s important for the court to know about other court cases involving you and the respondent and whether or not they are still open. These cases may be in other states. It’s also important to indicate whether there is a court order about child custody or a criminal case against the respondent.
- You must provide your mailing address. This address does not have to be the same as your residence address.
- If you are afraid of immediate injury or that you will be harmed if you have to wait for a hearing on the PPO, check the box that says “ex parte.” If the judge agrees with the ex parte, you will be granted the PPO without a hearing. If the judge does not agree to the ex parte, you will be given a hearing date for the judge to hear your evidence.
After your PPO is issued:
- You must arrange for delivery of the PPO and petition to the respondent. This delivery is called “service.” Service options vary. Here are some possible options (but check your state and county for the correct process):
By a police department – some will deliver PPOs free of charge.
By a process server – you will have to pay the process server a fee.
By an adult other than you.
By registered or certified mail, return receipt requested, delivery restricted to addressee.
- After service, you must file a “proof of service” with the court clerk.
- Develop a safety plan. In Michigan, the police will send the respondent a letter about firearms restrictions that apply because of the PPO within 24 hours after they are notified of the PPO.
- Often the local domestic violence shelter can provide the RO forms and help the survivor fill them out. Check to see if your state requires a separate form for children. In some states, a minor child cannot get an RO against a parent.