734-359-7018
Now Accepting New Clients!
Blog

FAMILY LAW 76: Court issues PPOs for conduct that is prohibited under Michigan’s stalking statute.

Petitioner and respondent were previously married and were divorced at the time that the petitions were filed. Respondent’s parental rights to both RP and HP were terminated in May 2018. Respondent had little to no contact with the minor children between 2015 and 2019 and had no contact with the children from May 2018 until November 2019.

Petition for PPOs

In February 2020, petitioner filed two separate petitions seeking ex parte PPOs against respondent on behalf of her minor children, RP and HP. In the petitions, petitioner alleged that respondent attended four of HP’s basketball games in November 2019, December 2019, and February 2020. Petitioner asserted that respondent stood up in the stands during the games and tried to intimidate HP. Petitioner asserted that the children exhibited mental distress after seeing respondent at the games.

The trial court entered an ex parte PPO against respondent on behalf of both minor children.

Motion to Terminate PPOs

Respondent moved to terminate the personal protection orders in March 2020, arguing that the trial court erred by issuing the PPOs. Specifically, respondent argued that the PPOs could not be issued against him under MCL 600.2950(26)(b) because he was the parent of the unemancipated minor children and that the allegations in the petitions were insufficient to support the issuance of the ex parte PPOs.

Following a motion hearing, the trial court denied respondent’s motion to terminate the PPOs. The trial court rejected respondent’s argument that the PPOs were improperly granted because of MCL 600.2950(b) and concluded that MCL 600.2950(26)(b) did not preclude it from issuing the PPOs because respondent’s parental rights had been terminated. The court also concluded that the ex parte PPOs were appropriately granted.

PPO Issued for Stalking Conduct

Under MCL 600.2950(4), the trial court is required to issue a PPO if it determines that there is reasonable cause to believe that the individual to be restrained or enjoined may commit 1 or more of the acts listed in [MCL 600.2950(1)]. MCL 600.2950(1)(j) allows a court to restrain individuals from engaging in conduct that is prohibited under MCL 750.411h, Michigan’s stalking statute.

Assistance with Family Law Disputes

At Aldrich Legal Services, our attorneys and staff understand the stress that can come with family law disputes. Our firm is committed to helping you find resolutions to all your family law needs, allowing you to move on with your life in a positive way.

Contact Aldrich Legal Services

Speak to a Pro: (734) 404-3000

Basic responsibilities of an executor

Originally posted on 01/11/2017 The emotional toils of dealing with the death of a loved one can be considerably difficult. Nevertheless, perseverance is paramount; especially if you are appointed to be an executor to one’s...

What you need to compliment your will

Originally posted on 02/08/2017 Making end-of-life plans usually end with a will, but they shouldn't. Some believe that simply having a will is enough. However, this post will briefly explain how having other estate planning...

The benefits of home health care providers

Originally posted on 03/22/2017 As we get older or suffer an injury, we need a little extra help. Home health care providers or caregivers can provide the assistance needed to handle your or your loved one's health and safety...

What to know about bail conditions

Originally posted on 03/06/2017 If you have been arrested and are being held on the suspicion that you have committed a particular crime, chances are that the only thing you are thinking about is getting out of jail as soon as possible and...

College students and estate planning

Originally posted on 12/16/2016 With college semesters starting up in Michigan, it may not be so easy to get college students to think responsibly. This time can be especially tough with the need of moving back to school and getting...

Three reasons to put a power of attorney in place

Originally posted on 11/08/2016 While no one wants to think of the unfortunate possibility of being incapacitated or of a time when we can't handle our own affairs, this circumstance is a real possibility. If something happens and this...

How to approach parents about estate planning

Originally posted on 12/09/2016 Family forms a strong foundation for many people's first and most intimate community. It is important to strengthen these first relationships so even uncommon questions become natural. For those...

PROBATE 44: Petition for Mental Health Treatment

Michigan’s Mental Health Code governs the civil admission and discharge procedures for a person with a mental illness. Specifically, MCL 330.1434 sets forth the procedure and content requirements for a petition for mental health treatment.

Should you get your criminal record expunged?

Originally posted on 04/12/2017 If you have been convicted of a crime, have served your sentence, and have followed all court recommendations, you should be able to put your past behind you and move on with life. Moving forward is critical...

Choosing the right executor for an estate

Originally posted on 05/28/2017 When people are thinking about planning their estate, they often think about trying to minimize the estate tax, keeping their will updated, and keeping items out of probate court; however, there is another...

Understanding how the Miranda warning works

Originally posted on 11/25/2016 Michigan residents who have seen television police shows or movies involving law enforcement have no doubt watched many dramatic scenes with officers quoting something to the effect of, "You have the...

Don't let a bad decision, unfair contract, or a messy divorce get in the way of a promising future!
Contact the experienced team at Aldrich Legal Services today to schedule your free initial
consultation
and secure reliable and trustworthy representation today!
Get the Help You Need From a Team You Can Truly Count On: (734) 404-3000
734-237-6482
734-366-4405