Michigan Divorce Law - Domestic Abuse - Divorce

Michael Idema Kent County MI Divorce Lawyer 30 Years Experience
Michigan Divorce Law - Domestic Abuse - Article by Michael Idema, Kent County Divorce Lawyer. Request a free initial office consultation: (616) 647-2200.

Michigan Divorce Law - Domestic Abuse

This article includes information about domestic abuse, divorce, obtaining Kent County MI personal protection orders and resources for victims of abuse.

Tell Your Lawyer About Abuse:

Domestic violence is frequently a factor in divorce. It is important that you advise your attorney if you are in an abusive relationship.

I have found that abuse victims are often reluctant to acknowledgment the abuse. It is my practice to ask if there has been abuse in the relationship. Instead of a straightforward “yes’ or “no”, I will more often hear a hesitation followed by a “no”, or a “yes, but” or “not really”. Follow up questioning will generally reveal an abusive relationship that is being minimized by the client for any of a number of reasons. The dynamics of an abusive relationship often cause a reluctance to acknowledge the abuse. Sometimes abusive behavior is not recognized by the victim as abusive and is considered normal.

Abuse is generally about controlling the behavior of the victim. Abuse can be emotional as well as physical. You do not have to have been assaulted to be in an abusive relationship. Review the Power and Control Wheel to identify controlling factors which may have been exhibited by your spouse.

Abuse tends to escalate in frequency and severity during an emotional crisis, and divorce is one of the more emotional events that occur in anyone’s life. The tactics your attorney will employ in the divorce will be affected by the imbalance of power that exists in abusive relationships. For example, direct negotiation between the parties, including mediation, is not generally appropriate. Further, your attorney will generally recommend that you obtain a Personal Protection Order (PPO) if you do not already have one, and will want to coordinate the service of process of the divorce papers with the PPO if possible. A history of abuse usually impacts not only the tactics used in your divorce, but often the terms of the divorce.

Apply to Legal Aid if You Can’t Afford an Attorney

It is strongly recommended that victims of abuse not file for divorce in pro per (without an attorney). Doing so increases your risk of harm, and you will not have the equal bargaining leverage you need to obtain a fair settlement. If you are unable to retain an attorney, please do apply for legal assistance through Legal Aid of Western Michigan:

Legal Aid of Western Michigan
89 Ionia NW Suite 400
Grand Rapids, MI 49503
Tel: (616) 774-0672
www.legalaidwestmich.org

Counseling and Crisis Centers in Kent County

Domestic violence counseling and crisis shelters are available in Kent County through these two organizations:

YWCA of Grand Rapids
25 Sheldon Blvd., S.E.
Grand Rapids, MI 49506-3302
Crisis Line: 616-776-7273
Crisis Line #2: 616-451-2744
www.ymcawcmi.org

Safe Haven Ministries
3501 Eastbrook St SE, Suite 335
Grand Rapids, MI 49546
Crisis Line: 616-452-6664
www.safehavenministries.org

More Information About Abuse

For information about abuse in general (not specific to Michigan or Kent County), go to the National Coalition Against Domestic Violence web site: www.ncadv.org

For further information about abuse and Kent County resources go to the Domestic Violence Community Coordinated Response Team (DVCCRT) web site: www.kentcountydvccrt.net

Personal Protection Orders

A Personal Protection Order (PPO) will order your abuser to cease contact with you. Some abusers will honor the order, and others will not. However, if the order is violated, the abuser can be arrested, and will learn that there are consequences that go with bad behavior. The existence of a PPO increases the likelihood of an arrest during a confrontation with an abuser. If there is no PPO, the abuser will not be subject to arrest unless there has been an assault or other crime. If there is a PPO, the abuser may be arrested for unlawful contact with you short of an actual assault. For example, if there is a PPO which has been served on the abuser, it is 2:00 a.m., and the abuser is pounding on your door demanding to talk to you, he will likely be arrested when the police arrive.

You do not need to retain an attorney to obtain a Personal Protection Order (PPO). The Kent County Circuit Court has set up a system to assist you in obtaining a PPO without an attorney.

PPO Office
Suite 3500
180 Ottawa NW
Grand Rapids, MI 49503
Phone: (616) 632-5067
Walk in Hours: Monday-Friday from 8:00 to 4:45 P.M.
Client interviews from 9:00 to 2:30 P.M.

The Court’s PPO office web site includes helpful information including requirements to obtain the PPO and a step by step description of the procedure.

Part of the PPO procedure includes an interview. Therefore, it is best go early enough to allow time for the interview. Have a picture ID with you.

The procedure is initiated by filing out an application for the PPO. You can download the application from the PPO office web site and fill it out ahead of time.

Part of the application is an affidavit in which you are asked to tell your story. When describing an incident, focus more on what the Respondent did to you rather than what you were arguing about. Include threatening statements that have been made to you. You want to demonstrate to the Judge that you are at actual risk of harm or that you reasonably believe you are at risk of harm. Be accurate, truthful, and concise.

You will need to serve a copy of the PPO, including the affidavit, on the Respondent. If you are also filing for divorce at or about the same time, your lawyer will want to coordinate the service of the PPO with the divorce papers. Be sure your divorce lawyer knows that you are also filing for the PPO.

Safety Planning

You should develop a safety plan which anticipates confrontations and what you will do in the event of a confrontation. Here is a link to safety planning advice from the American Bar Association. www.abanet.org/tips/dvsafety.html#safetips.

It would not be unusual for an abuser to hide documents or other information you might need for your divorce case. Review the documents checklist for documents you may need, make copies, and keep the copies in a place where they will not be found by your abuser. Document Checklist.

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Michael Idema

Divorce Lawyer

6410-A Alpine Ave NW

Comstock Park, MI 49321

(Between 7 & 8 Mile Roads)

mike@michaelidema.com

(616) 647-2200

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This web site provides information for general knowledge only, and is not a substitute for advice from a lawyer. For advice about what to do in your specific case please call for a free initial consultation.

Kent County MI Divorce Lawyer