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Even though Michigan has come a long way in passing laws that help to protect michigan families such as strong domestic assault or violence laws and anti-stalking legislation, nothing gives your local Michigan Deputy or Police Officer more power to help keep you and your family safe than a Personal Protective Order.
The information below (courtesy of the Michigan Courts website) will help you in understanding how to obtain a PPO and how they are enforced and dealt with by the courts.
How to Obtain a PPO in Michigan
To obtain a PPO, you (the petitioner) must file a "petition form"
with the county clerk or your local Circuit Court. You can go to any county clerk's
office and ask for a personal protection order packet, or you can get
the forms you need from the forms sections of this page. Instructions for completing
the forms are provided. If you are in immediate danger, make sure you
ask the court for an "ex parte" order by checking the "ex parte" box on
the form. Then fill out the "order form". "Ex parte"
means the order is entered without a hearing and without rior notice to
the other person.
Your petition (and the order if you ask for an "ex parte"
order) can be filed in the Circuit Court of any county in Michigan.
There is no cost for filing the petition; however, there will be a cost
for serving the petition and order (postage or process service fees)
on the person you want restrained (respondent). Ask the court for this
information and be sure to bring this amount with you when you file
your petition.
Some of the things you may need before you fill out the petition include:
a copy of your complaint for divorce, annulment, or separate maintenance;
copies of custody orders if there are any; and the cost of serving papers
on the restrained person.
If you have notarized written statements from witnesses and copies of
supporting documents or materials from police, doctors, or social agencies,
bring at least three copies of each with you when you file your petition
with the court. This information may be important to the judge in making
a decision but is not necessary for the judge to enter an order.
You must have basic information about the respondent (the person to
be restrained), such as name, address, place of employment, date of
birth, physical description, etc., or the court cannot issue an order.
At a minimum, you must have the name, race, sex, and date of birth of
the respondent.
Additionally, you may wish to contact the court prior to going there to ensure you have everything you will need. You can use the list of courts provided by the Michigan Courts website to find your local Circuit Court.
When a Hearing is Required
A hearing is required on your petition for personal protection if you
do not request an "ex parte" order, or if the judge will not sign an "ex
parte" order. If a hearing is required, you must complete the Notice of Hearing, form CC 381. Ask the county clerk for a hearing
date and follow the instructions on the form. See
general information about hearings from the Michigan Courts website.
After the PPO is Signed by the Judge
By law, you must serve the petition and order on the respondent (the person who the PPO is "against" or is restrained by the PPO), even
though the order is effective without service as soon as it is signed.
Follow the instructions on the form to make sure you serve the court papers
in the required way which often requires using a civil process server. If you do not serve the respondent with a copy of
the order, you may have trouble getting local law enforcement to enforce
the order by arresting the respondent.
If you asked for an "ex parte" order, the county clerk will
tell you what you need to do to get the order signed and where and when
to pick up the signed order. If a hearing is required, you will be provided
with the signed order after the hearing.
The personal protection order will go into effect as soon as the judge
signs it, but you may need to have the order served to the respondent before it can be enforced. The county clerk's office is responsible for providing a copy
of the order to the local police agency so that it can immediately be
entered into the Law Enforcement Information Network (LEIN). The county
clerk will also give you copies to take to your local law enforcement
agency if you want to do so.
If you have had a PPO served Against You
If you are served with or notified of a personal protection order against
you, you must obey the order. If you don't obey the order, you can be
arrested for violating the order, or the petitioner can file a motion
to order you into court to explain why you shouldn't be held in contempt
for violating the order. If you are found guilty of violating a personal
protection order in Michigan, you will be sentenced to spend up to 93
days in jail and may be fined up to $500.00.
Enforcement
A personal protection order is enforceable anywhere in Michigan by
any law enforcement agency as soon as it is signed by the judge. It
can also be enforced by another state, Indian tribe, or territory of
the United States once it is served on the respondent (the person who the PPO is "against" or is restrained by the PPO).
If the respondent violates a personal protection order anywhere in
Michigan and the respondent has been notified of the order, either orally
or by formal service, law enforcement can arrest the respondent, or
you can file a motion for a court hearing concerning a violation of
the order.
If the respondent is arrested, the court will set a date, time, and
place for a hearing on the charges against the respondent to be held
within 72 hours after the arrest. The court or prosecutor is responsible
for giving you notice of this hearing. If you are not notified within
24 hours of the arrest, contact the court. If a hearing is not held
within 72 hours, the respondent may be released from jail after posting
bond until the hearing is held.
If the respondent is not arrested and you believe the respondent violated
the order, you can file a motion
to show cause, form CC 382. Follow the instructions on the form.
You cannot file a motion to show cause for violating a personal protection
order until you have proof that the respondent was served with or notified
of the order.
If the respondent violates a personal protection order in some place
other than Michigan, the respondent is subject to the enforcement remedies
and penalties of that other state, Indian tribe, or territory.
Forms
Court forms are available for use in personal protection proceedings.
These forms can be used without the assistance of an
attorney. See details
on how to find legal information. You may also request legal help that can be either free or payment based on ability to pay from the Michigan Legal Aid and the Michigan Poverty Law Program.
When using forms, you are required to provide the total number of copies
for use by the court, the parties, and any other person or organization
that must receive the form. See the upper-right hand corner of each
form to determine the mandatory number of copies and who must receive
those copies. When completing a form on-line, you must print the number
of copies you will need for filing with the court and service on the
parties. Otherwise, you will have to photocopy the proper number of
copies before filing the form with the court. If you do not provide
the court with the correct number of copies, the court might reject
the form for nonconformance under the authority of Michigan Court Rule
8.119(C). Unless specifically required by court rule or statute, the
court is not responsible for making copies of forms for you.
Depending on your situation, there are different petition and order
forms. Select the forms you need from the list below. The instructions
with the forms will help you decide what forms you need. Instructions
for completing and processing a form are provided with each form and
can be read online. Make sure you read all the instructions and follow
them carefully. Although forms are available for use in personal protection
proceedings against a minor (someone under age 18), only the forms for
use in proceedings against adults are included in this Self-Help Center.
Instructions
for Personal Protection Orders, P-02 (booklet)
Petition
for Personal Protection Order (Domestic Relationship), CC 375
Personal
Protection Order (Domestic Relationship), CC 376
Petition for Personal Protection Order Against Stalking (Nondomestic),
CC 377
Personal
Protection Order Against Stalking (Nondomestic), CC 380
Notice
of Hearing on Petition for Personal Protection Order, CC 381
Motion
to Modify, Extend or Terminate Personal Protection Order, CC 379
Motion
and Order to Dismiss Action for Personal Protection Order, CC 378
Motion
and Order to Show Cause for Violating Personal Protection Order,
CC 382
Modifying, Terminating or Extending a PPO
You have the right to file a motion
to modify, extend, or terminate the order, form CC 379. A court
hearing is required to modify or terminate the order. Ask the county
clerk for a hearing date and follow the instructions on the form.
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