Domestic Violence Criminal Attorney - Troy 52-4 District Court
The court must issue a domestic relationship PPO if it finds “reasonable cause” to believe that the respondent might commit one or more of the acts prohibited under MCL 600.2950(1). The court must consider testimony, documents, or other evidence offered and whether the respondent has ever committed one or more of the prohibited acts. MCL 600.2950(4). The court is expressly barred from refusing to issue a PPO solely because there is no police report, medical report, report or finding of an administrative agency, or physical signs of abuse or violence. MCL 600.2950(6).
A court may issue a stalking PPO regardless of whether the respondent has been charged or convicted of stalking. MCL 600.2950a(1). Note that unlike the domestic relationship PPO, the stalking PPO statute does not have a “reasonable cause” standard. Counsel for the respondent should argue that a “preponderance of the evidence” standard (higher than the “reasonable cause” standard used indomestic relationship PPOs) is appropriate to determine whether it is more likely than not that the respondent committed two or more acts of nonconsensual contact.