How to Obtain a Restraining Order in Michigan

File a Restraining Order How to Obtain a Restraining Order in Michigan

How to Get a Restraining Order Michigan Fast

Have you been attacked, threatened, abused, or believe you're being stalked? You might need to obtain a restraining order in Michigan for your protection and safety. A restraining order, also known as a protection order, is a court order that helps protect you from anyone that's hurting, stalking, threatening, or harassing you. Basically, you can file a Michigan restraining order if you have any reasonable fear for you and your family's safety or liberty.

Even though you can file a restraining order by yourself, getting a restraining order in Michigan can be intimidating. You'll need to fill out several forms and assemble all the necessary documents that prove you need a restraining order. To avoid the hustle, you can use DoNotPay, an automated system that will help you ensure yours and your dependents' safety in a less frustrating, faster, and more convenient manner.

What Is a Restraining Order and How Does It Work?

A restraining order is a civil court order that's designed to protect you or your family against violent behavior like threatening, stalking, harassing, or hurting. It's meant to protect you from any reasonable fear that could result from violent behavior by keeping your abuser away. If the abuser violates the restraining order, they risk being jailed.

If you've encountered harassment, stalking, or you're a victim of abuse, you need to file for a restraining order. In the case you're filing for a restraining order, you're the "protected person", while the one you're being protected from is the "restrained person". There are two types of restraining orders; the Michigan temporary restraining order and permanent restraining order.

  1. A temporary or ex parte restraining order. This is an emergency restraining order meant to provide you with immediate protection from an abuser. You may be issued with a temporary restraining order immediately you apply for your permanent restriction order if the judge believes it's necessary for your wellbeing or life.
  2. A permanent restraining order. The permanent restraining order offers the same protection as the temporary one, but lasts longer. It's usually issued after a hearing and can last even up to two years. You're also allowed to extend your restraining order for another year, but it must be done before it expires.

How to Obtain a Restraining Order in Michigan

To obtain a restraining order, you first need to file a petition with a court. Your petition is meant to give the judge all the necessary information that will help decide whether or not you're eligible for the restraining order. Here's a general process to help you request for a restraining order in Michigan:

  1. File a petition in court
  2. Fill out the required forms
  3. The "ex parte" hearing if you indicate you need an emergency restraining order
  4. Service of process
  5. The final hearing

Unlike most other states, in Michigan, the judge does not automatically schedule the hearing of the final restraining order immediately after you receive your temporary or ex parte order. The abuser is allowed to file a motion to either cancel or change the restraining order. The abuser is allowed to file for a hearing within two weeks or 14 days, and the hearing is conducted some time during those 14 days. However, if the abuser uses a gun for their job, then the hearing takes place within five days.

Bear in mind that you must attend the hearing if the abuser files for one. Failure to attend may have your temporary restriction order taken away. You're given a chance to show the judge proof of abuse, and you can also have your lawyer represent you.

In case you're not granted a restraining order and you still feel that your wellbeing is in danger, you can file a petition and try again. You have to be well-prepared because the process of obtaining a permanent restraining order can be quite complex and tedious.

What Qualifies for a Restraining Order in Michigan State?

Michigan law gives you the right to obtain a restraining order if you feel threatened and need protection from harm. Here are some reasons to get a restraining order:

  • To stop anyone from harassing or stalking you by mail or phone.
  • To stop anyone that's violent or sexually abusive to you or your children.
  • To stop a stalker from accessing your home, property, or workplace.
  • To stop your abuser from possessing or purchasing a firearm.
  • To stop your abuser from using any behavior or acts that interfere with your freedom or liberty.

Restriction Orders Offered in Michigan

Here are the different types of protective orders in Michigan:

Type of Restraining OrderUsed For
Domestic relationship protection orderProtection from an abuser. It could be your current or former spouse, your housemate, or the person you're dating.
Non-domestic (stalking)Protection from harassing behavior and stalking. It could be consistent unwanted phone calls or repeated follow-ups at your workplace or unlawfully showing up in your premises.
Non-domestic (sexual assault)Protection against a sexual perpetrator or someone threatening to sexually assault you. For those under 18 years old, sexual assault also includes sending you obscene materials.

What Happens After a Restraining Order Hearing in Michigan?

Once the restraining order hearing is done, the judge will sign your restraining order. It can be enforced anywhere in Michigan or the United States. The restriction order will protect you and your loved ones to ensure you're safe and have peace of mind. If you're protecting your kids, ensure that you distribute the copy of the restraining order in their schools or daycare to ensure their safety is prioritized.

If you've been abused, most states won't require you to incur costs when applying for a restraining order. Also, the restraining orders last for different periods depending on the state. In Michigan, ex parte or temporary restraining orders can last up to six months, while permanent restraining orders can go for two years.

Solve Your Restraining Order Application With the Help of DoNotPay

Are you having problems with obtaining your Michigan restraining order? There are several other options you can take to make the process much easier and faster.

  1. Do thorough research on Michigan state laws to ensure you're well aware of all the important requirements.
  2. Hire a lawyer to guide you on what you need during the process of getting a restraining order in Michigan.

However, if you want to get your restraining order in a shorter and less-frustrating process, using DoNotPay will be an excellent alternative. (Keep in mind that we don't create the restraining order, we help you request one). Here's what DoNotPay will help you with:

  • We'll help you get all the necessary documents and forms.
  • We'll help you find the relevant authorities and rules in Michigan.

How to Apply for a Michigan Restraining Order With DoNotPay

  1. Browse for the relationship protection on DoNotPay Website.

     

  2. Answer some few questions on the "File a Restraining Order" service.

     

  3. Submit your form and get help!

DoNotPay Offers Services Across All Entities With a Single Click of a Button

Michigan state is just one of the several other states that DoNotPay helps with obtaining restraining orders. If you're located in other states, don't worry because DoNotPay can solve your restraining order issues regardless of where you're situated. Here are some states where we offer help to obtain restraining orders:

What Else Can DoNotPay Do?

Obtaining a restraining order is just one of the many problems that DoNotPay helps to solve. DoNotPay can help you solve the following issues:

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