Domestic Relationship Personal Protection Orders

In Michigan, a person can petition the court for a Personal Protection Order when they feel their safety is threatened. There are three types of Personal Protection Orders available to an individual in Michigan:

• Domestic Relationship Personal Protection Order
• Non-domestic Relationship Personal Protection Order
• Sexual Assault Personal Protection Order

To determine what Personal Protection Order may be available to you, it is important to understand the parameters surrounding each type.

Domestic Relationship Personal Protection Orders

These are the most common in the family law arena. A Domestic Relationship Personal Protection Order is used in cases where the parties are current spouses, former spouses, have a child in common, have a current or former dating relationship, or currently living or having previously lived together.

Pursuant to MCL 600.2950, a court shall issue a protection order if “…there is reasonable cause to believe that the individual to be restrained or enjoined may commit 1 or more of the acts listed in subsection (1).” (MCL 600.2950 (4)). Subsection 1 of the same statute contains a multitude of actions that may cause a person to fear for their safety or cause harm.

A court can enter provisions in a Personal Protection Order restraining a party from doing a multitude of things to the protected party, including the following:

• Contacting the protected party in any manner
• Possessing or purchasing a firearm
• Appearing at a specific location, including but not limited to a residence or place of work
• Harming the protected party
• Interfering with child custody orders
• Interfering with the Petitioner’s attempt to remove their children or property from possession of the restrained party
• Having access to anything which would lead to the restrained person learning of the other party’s personal information such as address or telephone number
• Using control tactics
• Stalking
• Threats to kill or injure a person

Enforcement of Personal Protection Orders in Michigan

A Michigan Personal Protection Order is fully enforceable by any Michigan law enforcement officer. A Protection Order goes into effect immediately when signed by a judge. By showing the court that giving notice of filing a Petition for a Personal Protection Order to the party to be restrained could cause harm, the court can issue a Personal Protection Order “ex parte,” meaning on an emergent basis and without the involvement of the party to be restrained. The restrained party would then only receive notice and have the opportunity to be heard on the matter of whether the Protection Order should remain or be vacated after an evidentiary hearing.

Filing for a Personal Protection Order

It does not cost money to file a Petition for a Protection Order in Michigan, and a Petition for Protection Order may be filed by an adult in any county in the state of Michigan.

When filing for a Personal Protection Order, it is important to fully disclose all information to the court so they can determine whether to grant the Petition. Providing evidence, including verified statements, photos, police reports, videos, text messages, emails, or medical reports, will assist the court in making findings and entering orders.

I Had a Personal Protection Order Entered Against Me—What Can I Do?

Yes, but you need to act quickly. Within fourteen days of learning of the existence of the order, you must file a motion to terminate or modify. The court will then hold an evidentiary hearing on the matter.

Contact Us

Contact McKinney Vos today for a free consultation with our Michigan family law attorney to discuss your need for a Personal Protection Order or to discuss options if an order was entered against you.