What are the grounds for a restraining order?

A restraining order is an order from a court that instructs a person to stop certain activities. In Michigan, the grounds for a restraining order are that there is a “clear and present danger” of physical or mental harm to the petitioner or their property. The court may also consider a history of domestic violence, stalking, or sexual assault between the petitioner and the respondent. The court is required to consider the safety needs of the petitioner when making the restraining order decision. When filing for a restraining order in Michigan, the petitioner needs to provide specific facts about why the respondent is a threat. Examples of these facts can include any physical or verbal threats or assaults made by the respondent, any evidence that the respondent is likely to cause physical or mental harm, or any violations of a previous restraining order (if applicable). The petitioner also has the right to request that the court order the respondent to not contact them or their family, not visit them at home or work, and not possess any firearms. Once the restraining order is approved by the court, the respondent must follow all orders, such as avoiding contact with the petitioner and any other orders the court has put in place. If the respondent violates the restraining order, they can be charged with a crime and face jail time. Restraining orders are an important tool to protect individuals from the risk of physical or mental harm.

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What are the grounds for a restraining order?

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