- Under two Senate-passed bills, police could no longer charge for serving personal protection orders
- Advocates said the fees charged by police place victims of domestic violence and stalking in harm’s way by delaying service
- The bills were approved by the state Senate unanimously but still have to clear the House
LANSING — Local police could no longer charge victims of domestic violence or stalking to serve a personal protective order under legislation that passed unanimously out of the state Senate on Tuesday.
After a judge approves a personal protective order, it has to be served on the person it applies to for it to take effect. Many local law enforcement agencies will serve the orders, but for a fee — sheriffs in Wayne and Oakland counties will serve PPOs for $26 and the cost of mileage, for example.
State Sen. Stephanie Chang, the Detroit Democrat who sponsored the legislation approved Tuesday, said PPO service can easily total $100 or more and varies from county to county. She said 43 other states don’t charge for PPO service.
“It takes a lot of courage for someone who is experiencing domestic violence to ask for help,” Chang said in a speech on the Senate floor. “So when someone is reaching out for help to try to protect themselves, we should not throw up an extra barrier to their safety.”
Those who request PPOs can also have them served independently, but state Sen. Ruth Johnson, an Oakland Township Republican who co-sponsored the legislation, said that created unnecessary danger.
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“Do not make them jump through hoops, and do not make them have a family member confront a violent aggressor in order for this order to be served,” Johnson said.
Under the legislation, law enforcement agencies could charge either $50 or $26 plus mileage for serving orders and collect the fees not from victims but from the new Personal Protection Order Fund. The order would have to be served within 72 hours by the agency designated by a judge.
The fund already received $1 million in the most recent budget. The legislation approved by the Senate Tuesday would make free service of PPOs the policy statewide. If the money runs out, however, individuals could again be charged.
The legislation will now have to pass out of the GOP-majority Michigan House to become law. All present Republican senators voted in favor of the proposal Tuesday.
The legislation was written at least in part in reaction to the killing of a Henry Ford Hospital employee, Latricia Green, at her workplace in August.
After what she had detailed as months of threats and harassment, a personal protective order was granted against Green’s ex-husband, Mario Green, but the order was never served against him.
It’s unclear whether the Wayne County Sheriff’s Office had been tasked with serving the order.
Wayne County Prosecutor Kym Worthy has charged Mario Green with first-degree murder and several other crimes, including aggravated stalking. He has pleaded not guilty.
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