Gongwer News Service
Legislation that would require personal protection orders be served at no cost to the victim by law enforcement is needed to remove a significant barrier to victims seeking to obtain orders against abusers.
That was a key message from supporters of legislation taken up for testimony on Thursday before the Senate Civil Rights, Judiciary and Public Safety Committee .
Under SB 611 and SB 612 , personal protection orders would have to be served immediately at no cost to victims by a local law enforcement agency.
Supporters of the bills said 43 states and the District of Columbia require that personal protection order services be conducted free of charge to the victim.
The bills were introduced following an incident in August where Mario Green shot and killed his ex-wife Latricia Green at Henry Ford Hospital in Detroit where she worked.
Mishanta Clark, sister of Latricia Green, testified in support of the bills. She spoke of there being a police escort during Brown’s funeral, questioned where the support was for her when she was alive.
“We need a justice system that validates fear, provides truth, guidance and ensures that bureaucracy never again stands between a person and their right to survive,” Clark said. “We must acknowledge the impossible and agonizing position victims are placed in. For countless women, the fear is not just of the abuser, but of the system itself.”
Clark said often seeking formal protection further escalates situations and does not guarantee safety.
“This devastating reality, this paralyzing choice between silence and escalating tragedy, is the most damning evidence of a system that cannot currently safeguard those who need it most,” Clark said. “A PPO is just a layer of protection, but more needs to be done.”
Deonda Easley, Latricia Green’s cousin, said she was a peaceful, nonconfrontational person. She said it is too late to help her, but others can be helped with passage of the bills.
“If we could please use her story, pass this bill and use her story to change the lives and save lives of other women, that would mean everything to us,” Easley said.
In Michigan, a personal protection order can be served in several ways, including by law enforcement, a professional process server, by registered mail or by a friend or family member.
Serving a personal protection order can include costs such as fees, the bill sponsors said, which can reach up to $100.
Wayne County Prosecutor Kym Worthy called it outrageous to put the financial burden of obtaining and serving a PPO on victims.
“We must be more victim-centered in this state,” Worthy said. “The passage of these bills will certainly be a good step in the right direction to restore dignity, respect and humanity to people within our state who have been abused, burdened and victimized.”
Genesee County Sheriff Chris Swanson made recommendations for multiple changes to the bills. He called for raising the cost to up to $150 per PPO to cover the cost of serving the orders.
Swanson also said the language should be adjusted so that law enforcement serves the PPOs as soon as possible rather than immediately.
Language in which the court could name the Department of State Police as the designated server of PPOs in cases where the person being served lives in another county should also be considered, he said.
Johanna Kononen, associate director of the Michigan Coalition to end Domestic and Sexual Violence, said the existing options in Michigan for victims are cumbersome and difficult.
She said victims having to find a way to have the PPO served under existing law can be a major barrier.
“Expecting survivors to coordinate and pay for service themselves only adds trauma and risk,” Kononen said.
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