How to Get a Restraining Order in the State of Michigan for the Elderly
Judges issue restraining orders to protect victims of abuse and harassment from further violence. In Michigan, two types of restraining orders are available---domestic relationship personal protection orders and stalking personal protection orders. Each of these can be used to protect elderly people who are being victimized or dependent on someone who is committing them harm. Obtaining a restraining order involves applying at a courthouse and appearing before a judge to present your case.
Other People Are Reading
Instructions
-
-
1
Go to the courthouse in the county where you live, where the abuser lives or where the abuse has occurred. If you are unable to go to the courthouse on your own, you can ask someone to bring you or request assistance from one of Michigan's domestic violence assistance locations, including the Michigan Coalition Against Domestic and Sexual Violence and Michigan Legal Aid. You can also contact your local police department or sheriff's office if you are in danger and need assistance.
-
2
Complete and file the CC 375--Petition for Personal Protection Order (Domestic Relationship) or the CC 377--Petition for Personal Protection Order Against Stalking (Non Domestic), depending on whether or not you are related to the abuser. These forms can be obtained online, at your local court clerk's office or at many domestic violence shelters. Once you have completed the forms, give them to your local court clerk, who will file them with a judge.
-
-
3
Appear before a judge at an ex parte hearing. This will likely be on the same day that your application is filed. Make a statement explaining your relationship to the abuser and why you need protection. If available, bring notarized, written statements from witnesses and copies of documents supporting your case, such as police or medical records. The judge will then decide whether to grant you a temporary restraining order, which is enforceable as soon as it is signed.
-
4
Have the respondent served with the restraining order. This is done in person or, if the judge authorizes it, by registered mail with a return receipt requested. To serve the respondent in person, you must pay the sheriff's department or a professional process server; if you cannot do so, a friend or relative who is not a witness in the case may do it for you. You cannot serve the respondent yourself. Submit notarized proof of service to the county court clerk's office.
-
5
Prepare for the hearing. If the judge granted you a temporary restraining order, the respondent has 14 days from the date of service to request a hearing. If he does not, you are not required to go back to court.
If you were not granted a temporary restraining order, the judge will set a full hearing date. Be prepared to tell your story to the judge again. After hearing both sides of the story, the judge will decide whether to grant you a restraining order, which will be valid for a minimum of 182 days.
-
1
Tips & Warnings
In Michigan, stalking is defined as when someone contacts you more than once in a way that makes you feel frightened, intimidated, threatened or harassed.
References
Resources
- Photo Credit elderly women image by leafy from Fotolia.com
