Domestic Violence Custody Cases in Michigan
When domestic violence is part of a custody case in Michigan, it directly affects how a court decides parenting time and legal custody. Courts are required by law to consider domestic violence as one of the specific factors in determining what's in a child's best interest, and a Personal Protection Order can significantly shape the outcome of a custody dispute.
If you're dealing with domestic violence in the middle of a custody case, whether you're seeking protection or responding to a PPO filed against you, understanding how these two legal processes intersect is critical.
What Michigan Actually Calls a "Restraining Order"
Michigan does not use the term "restraining order" in its statutes. What most people mean by that term is a Personal Protection Order, or PPO, governed by MCL 600.2950. A domestic relationship PPO is a civil court order designed to stop violent or harassing behavior and protect you and your children from an abuser.
A PPO can order the abuser to stay away from your home, work, and school, stop all contact with you, and refrain from interfering with your custody of your children. Unlike many criminal matters, you can petition for a PPO on your own, without needing a pending criminal or divorce case already underway.
How a PPO Affects Custody and Parenting Time
Michigan's Child Custody Act requires judges to evaluate 12 specific factors when deciding custody, outlined in MCL 722.23. One of those factors, MCL 722.23(k), specifically requires courts to consider any history of domestic violence, regardless of whether the violence was directed at the child or at the other parent.
A PPO doesn't automatically decide a custody case, but it carries real weight. If a PPO includes the children as protected parties, it signals to the family court that one parent may pose a safety risk to the household. Judges can and do use a PPO as evidence that domestic violence occurred and poses an ongoing risk under that domestic violence factor.
In some circumstances, Michigan law creates a presumption against awarding custody to a parent who has been convicted of certain domestic violence-related offenses. Outside of those specific statutory situations, a history of domestic violence is weighed alongside the other 11 best-interest factors, but it can be one of the most influential.
Criminal Case vs. Family Court: Two Separate Tracks
One of the most confusing parts of this process is that domestic violence and custody are handled on two different legal tracks that run at the same time.
The criminal track deals with whether the abuser committed a crime. A prosecutor decides whether to file charges, and the case can result in jail time, probation, or mandatory counseling if the abuser is convicted.
The family court track deals with the ongoing custody, parenting time, and sometimes property and support issues between the parents. This is a civil matter, decided under a different standard of proof than a criminal case.
These tracks influence each other even though they operate independently. A PPO violation can lead to new criminal charges. A criminal conviction can become evidence in the custody case. Working with an attorney who understands how these pieces interact matters because a decision in one court can directly affect what happens in the other.
What Happens to Parenting Time While a PPO Is in Effect
If a PPO is issued and includes the children, parenting time is often affected immediately. In some cases, the court may temporarily suspend the accused parent's parenting time or require that any contact happen through supervised visitation while the order is active.
If the parent named in the PPO wants that changed, they generally need to show meaningful evidence of behavioral change, such as completing anger management counseling, domestic violence intervention programs, or other court-ordered steps. Courts tend to move cautiously here and often require an established pattern of change before restoring unsupervised time.
How to Get a PPO in Michigan
If you're seeking protection, the process starts with filing a petition in circuit court. You'll need to provide a detailed account of the incidents, including dates, times, locations, and any evidence such as messages, photos, or witness information. A judge can issue an ex parte PPO, meaning it's granted without a hearing and without the abuser present, if the situation warrants immediate protection.
There is no filing fee for a PPO in Michigan. Once signed, a PPO is enforceable anywhere in the state.
If You Need Help Right Now
If you're in immediate danger, call 911. For additional support, these Michigan resources can help:
Michigan Domestic Violence Hotline: 1-866-864-2338
National Domestic Violence Hotline: 1-800-799-7233
Michigan Legal Help (michiganlegalhelp.org) — a free, independent resource for understanding PPOs and the forms involved
Talk to a Michigan Family Law Attorney at Harris & Literski
Navigating a custody case involving domestic violence is not something you should face without support. Whether you're seeking a PPO to protect yourself and your children, or responding to allegations in a custody dispute, the decisions made early in the process can shape the outcome significantly.
Our family law attorneys have helped Livingston County families navigate exactly these situations since 1985, with the discretion and urgency they require. Contact Harris & Literski to schedule a free consultation.
Frequently Asked Questions
Does a PPO automatically affect custody in Michigan? Not automatically, but it carries significant weight. Courts must consider domestic violence under MCL 722.23(k) as one of the 12 best-interest factors, and a PPO that includes the children as protected parties signals a potential safety risk the court will factor into its custody decision.
What's the difference between a PPO and a restraining order in Michigan? They're the same thing. Michigan law doesn't use the term "restraining order." The official term is a Personal Protection Order (PPO), governed by MCL 600.2950.
Can I lose parenting time if a PPO is filed against me? It's possible, particularly if the PPO includes your children as protected parties. Courts may temporarily suspend or require supervised parenting time while the order is in effect. Completing court-ordered programs, such as domestic violence counseling, can support a request to modify those restrictions later.
Are domestic violence and custody cases handled in the same court? No. Criminal charges related to domestic violence are handled separately from family court custody proceedings, though evidence and outcomes from one can influence the other. It's common for both to be happening at the same time.
How do I get a PPO in Michigan? You file a petition in circuit court describing the incidents in detail. If the situation requires immediate protection, a judge can issue an ex parte PPO without a hearing or without the abuser present. There's no cost to file.
If domestic violence is affecting your custody case in Livingston County, our family law attorneys can help you understand your options and protect what matters most. Contact our office at 810-242-8749 to schedule a free consultation.