Legal Question in Criminal Law in Michigan
restraining order
I recently was involved in a physical altercation (police called) with a neighbor and fear intimidation/retribution from them against myself or children. Can i file a restraining order to help prevent further trouble? Thx
2 Answers from Attorneys
Re: restraining order
"I was involved" usually means you started a fight but then came in second.
Trying to get a restraining order against a neighbor is a very bad idea unless you genuinely fear for your physical safety. A judge can easily determine whether your petition is motivated by an honest concern for your family or by your retaliation for the "altercation".
Re: restraining order
You can apply for one at any circuit court. It's free. You'll need to establish either harassment or a specific threat to do bodily harm with the apparent ability to carry out the threat. It is up to the judge whether the PPO will be granted. The other side will have the opportunity to contest it.
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