Non-Domestic Relationship Personal Protection Orders

January 17th, 2025
Non-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:

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

What Is a Non-Domestic Personal Protection Order?

Where Domestic Relationship Personal Protection Orders require the parties to be in a current or former domestic relationship, Non-Domestic Personal Protection Orders are used for relationships that do not fall under the definition of a Domestic Relationship Personal Protection Order. A Non-Domestic Personal Protection Order is used to restrict a person from stalking behavior.

Requirements for Obtaining a Non-Domestic Personal Protection Order

To successfully obtain a Non-Domestic Personal Protection Order, a Petitioner must prove to the court that there exist at least two instances of stalking or harassing behavior from another individual. Stalking or harassing behavior prohibited by statute is defined in MCL 750.411h, MCL 750.411i, and MCL 750.411s. Non-Domestic Personal Protection Orders are sometimes referred to as “Stalking Personal Protection Orders” because of the nature of the prohibited behaviors defined by Michigan statute.

Restraints Imposed by the Court

By statute (MCL 750.411h), the court can enter certain restraints to protect the Petitioner obtaining a Non-Domestic Personal Protection Order. Some of the restraints available to the court and Petitioner include:

  • Contacting the protected party in any manner, directly or indirectly
  • Appearing at a specific location
  • Stalking
  • Harassing
  • Cyberstalking or harassment
  • Possession or purchase of a firearm
  • Placing or causing items to be placed where the Petitioner occupies

Enforcement and Filing Process

A Michigan Non-Domestic Personal Protection Order is fully enforceable by any Michigan law enforcement officer. A Personal Protection Order goes into effect immediately when signed by a judge. Non-Domestic Personal Protection Orders can be issued without notice to the party you are requesting to be restrained. These are called “ex parte” Personal Protection Orders. To obtain one, a person must show “…immediate or irreparable injury, loss, or damage will result from the delay required to effectuate notice or that the notice will itself precipitate adverse action before a personal protection order can be issued” (MCR 3.705).

If an ex parte order is not requested, the court will schedule a hearing, with notice required to both parties, to determine whether a Personal Protection Order is warranted. 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.

Importance of Evidence for Your Petition

It is crucial to specifically detail all instances occurring which cause you to believe a Non-Domestic or Stalking Personal Protection Order is necessary. Because you must show at least two noncontinuous instances of prohibited behavior to qualify for a Non-Domestic Personal Protection Order, it is important to provide as much evidence as possible to the court so they can make thorough findings and enter appropriate orders.

Responding to a Personal Protection Order

What If a Personal Protection Order Was Entered Against Me?

You can file a motion to modify or terminate a Personal Protection Order entered against you, but you must do so within 14 days of learning of the existence of the order.

Contact Us for Assistance

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