A Personal Protection Order (PPO) in Michigan is a civil court injunction designed to protect an individual from violence, threats, harassment, or stalking. This legal tool provides immediate safety by legally restraining the actions of the individual causing harm, known as the respondent. A PPO is issued by the Family Division of the Circuit Court to prevent future acts of abuse or intimidation. The process is initiated by the petitioner, the person seeking protection, who must demonstrate a need for the court’s intervention.
What a PPO Is and Who Can Request One
Michigan law recognizes two categories of PPOs, each with specific eligibility requirements. The Domestic Relationship PPO (MCL 600.2950) requires a specific relationship between the petitioner and the respondent. This includes current or former spouses, individuals who have a child in common, or people who are or were in a dating relationship or lived together.
The second category is the Non-Domestic/Stalking PPO (MCL 600.2950a), covering situations where a domestic relationship does not exist. This order is sought for protection against stalking, harassment, or sexual assault, where the respondent’s actions cause the petitioner to feel threatened or intimidated. If the petitioner is an unemancipated minor, an adult known as a “next friend” must file the petition.
A PPO legally prohibits the respondent from engaging in various behaviors. Prohibited actions commonly include contacting the petitioner, entering their property, assaulting or threatening them, or interfering with their job or school attendance. The order may also restrict the respondent’s ability to purchase or possess a firearm.
Filing the Petition: Step-by-Step Procedure
The process for obtaining a PPO begins by filing a petition in the Family Division of the Circuit Court. The petitioner may file in the county where they reside, where the respondent resides, or where the incidents occurred. There are generally no filing fees associated with a PPO petition.
The necessary PPO Petition forms are approved by the State Court Administrative Office (SCAO) and can be obtained from the local Circuit Court clerk’s office or downloaded online. The petitioner must carefully complete these forms, providing a detailed description of the incidents that necessitate the order. Include dates, times, and locations of the alleged acts, as the court relies on these facts for its determination.
Most PPOs are initially requested ex parte, meaning the order is sought without the respondent being present or notified beforehand. This immediate action is necessary when notifying the respondent would increase the risk of harm. The petition must set forth specific facts demonstrating that immediate and irreparable injury will result if the notice requirement is not waived.
After the forms are completed, signed under penalty of perjury, and submitted to the court clerk, the petition is officially filed. The clerk processes the paperwork and submits it to a judge for review. Petitioners should retain copies of all documents filed with the court.
Court Review, Service, and Order Duration
Following the submission of the petition, a judge will review the request for an ex parte PPO, typically within one business day. The judge examines the petition to determine if the facts meet the legal standard of showing an immediate and irreparable threat or danger. If the judge is satisfied, the PPO will be issued immediately without a formal hearing.
A Domestic Relationship PPO becomes legally enforceable in Michigan as soon as the judge signs the order, even before the respondent is formally notified. The court is responsible for ensuring the respondent is legally served with the petition and the signed order. The court transmits the order to law enforcement and enters it into the Law Enforcement Information Network (LEIN).
The PPO must state an expiration date and is valid for a minimum of 182 days, though many are issued for one year or more. The respondent has the right to challenge the PPO by filing a motion to modify or terminate the order. If challenged, a hearing will be scheduled, often within 21 days, where both parties can present evidence.
Violation of a PPO is treated as criminal contempt of court in Michigan. An adult respondent found guilty can face penalties including a fine of up to $500 and a jail sentence of up to 93 days for each violation. These penalties are imposed in addition to any criminal charges that may arise from the same conduct.