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Common Questions about Personal Protection Orders, Non-domestic Stalking
Contents
These are common questions about Personal Protection Orders (PPOs), non-domestic stalking.
Questions about What it Means to Have a PPO
A personal protection order (PPO) is a court order to stop threats or violence against you. A PPO can help protect you from someone who is threatening, hurting, or harassing you.
There are three types of PPOs:
- Domestic relationship PPO
- Nondomestic relationship stalking PPO
- Nondomestic relationship sexual assault PPO
You need to use different PPO forms if the person you need protection from is a minor. To learn more about the different types of PPOs, read the article Overview of Personal Protection Orders.
Yes. A "no-contact" order is usually a bond condition in a criminal case. A “no-contact” order usually means the abuser can’t:
- Call you
- Write you
- Have someone else contact you
- Contact you in person
If the abuser violates a “no-contact” order that is a condition of bond, the judge can revoke or increase the amount of the bond. Only a judge can change a bond condition after it’s ordered.
A “no-contact” order in a criminal case does not replace the need for a PPO. If the criminal charges are dropped, the bond with the “no-contact” condition is canceled and the abuser will be able to contact you again. If you have a PPO, it can protect you from the abuser if a “no-contact” order is canceled.
Domestic Relationship PPO
To get a domestic relationship PPO, you must have a domestic relationship with your abuser. You have a domestic relationship with someone who is:
- Your current or ex-spouse
- Your child’s other parent
- Someone you live with now or used to live with
- Someone you have dated
A Domestic Relationship PPO can help you if someone assaulted or threatened you, or if you have a reasonable fear for your personal liberty or safety. To learn more, read Domestic Relationship Personal Protection Orders.
Nondomestic Stalking PPO
A nondomestic stalking PPO is used to protect you from stalking if you and the abuser don't have a domestic relationship. To get a nondomestic stalking PPO, you must show that there have been at least two incidents of stalking. Stalking is repeated behavior by someone else that scares or harasses you, and would scare or harass a reasonable person. This could include following you, calling or texting you, or showing up at your home or work.
To learn more, read Nondomestic (Stalking) Personal Protection Orders.
Nondomestic Sexual Assault PPO
A nondomestic sexual assault PPO is to protect you from someone you don't have a domestic relationship with who has:
- Sexually assaulted you
- Threatened to sexually assault you or
- If you are under 18, given you or attempted to give you obscene material
To learn more, read Nondomestic Sexual Assault Personal Protection Orders.
File a petition for a personal protection order at the circuit court clerk’s office. If the Respondent is an adult, you can file in any Michigan county. You don’t have to live in the county where you file.
The petition gives the judge important information needed to decide whether to give you the PPO. The petition is available from the county clerk. Some counties also require you to file additional local forms. You can use the Do-It-Yourself Personal Protection Order (PPO) tool to prepare your petition. The clerk will assign your case to a judge when you file your petition. The judge may sign the order, or you may have to go to a hearing before the judge decides whether or not to sign the order.
You might ask the court to schedule a hearing on your PPO petition if:
- You don’t need a PPO right away or
- You ask for an ex parte PPO, but the judge doesn’t grant it
If the judge denies your request for an ex parte order and you want a hearing, you must ask the court to schedule the hearing within 21 days of the date the judge signed the order denying your petition. The abuser must be served with the petition and notice of hearing.
To decide whether you need a PPO, the judge may:
- Listen to your testimony
- Listen to testimony from the abuser
- Listen to testimony from other witnesses
Lawyers can participate in the PPO hearing. If the judge awards you a PPO after a hearing, have the signed PPO served on the abuser at the hearing or after.
Questions about Starting a Court Case to get a PPO
You can file a petition for a PPO if you have a reasonable fear for your personal freedom or safety. The judge assigned to your case will decide whether to give you a PPO and what things your PPO will prohibit the abuser from doing.
The abuser will see what you write in your petition. You must have a copy of your PPO petition and any attached documents served on the abuser. The petition and order and all attachments will also be kept in the court file. The court file is a public record anyone can view.
If you want to keep your address and phone number confidential, do not include them on your PPO forms. Instead, give the address of a relative or friend, or a P.O. Box where the court can contact you about your case.
Also make sure you don't file any attachments that have your address or phone number on them (like a police report or medical record).
The information you include in your petition is very important. It helps the judge decide whether to give you the order you want. Tell the judge what the abuser did to you and how you were emotionally or physically harmed. Include dates or times of year if you can remember them. Explain why you need to be protected. You can attach extra pages to your petition, so be as detailed as possible.
No. You can file a petition for a PPO and write in your own words about what happened. The judge cannot deny your petition solely because you don't have a police report or other evidence. However, if there are police reports, medical records, or other evidence, you should file them with your petition. They can help the judge understand what happened to you and why you need protection.
You can use our Do-It-Yourself Personal Protection Order (PPO) tool to complete the forms you need. You can also contact your local domestic violence agency for help filling out PPO forms. To find a helpful organization in your area, look at the Community Services section of the I Need a Personal Protection Order – Domestic Relationship toolkit.
Many courts also have an advocate in the courthouse who can help you fill out the PPO forms. Court clerks may be able to help you with your forms, but they cannot give you legal advice.
There is no fee to file a petition for a personal protection order. However, it may cost you money to have papers served on the other party. This depends on who serves them. For more information, read Serving Your Personal Protection Order.
To serve someone is to give that person notice that a lawsuit has been filed against them. Service is required to satisfy due process, which everyone has a right to under American law.
It is important for you to have the abuser served with a copy of the petition for the PPO, any attachments, and the signed PPO as soon as possible so that police can enforce your PPO. If you don’t have the abuser served, you may have trouble getting local police to arrest the abuser if there is a violation of the PPO.
There are several ways to have your PPO papers served. Choose the kind of service that makes the most sense in your case. You can pay someone to serve the papers. You can have a friend or relative serve the papers if you think it is safe. You cannot serve the papers yourself. An advocate from your local domestic violence organization may be able to help you decide how to serve the papers. Types of service include:
- Personal service by a professional process server
- Personal service by a friend or relative
- Personal service by a sheriff or police department
- Service by registered or certified mail with return receipt requested
- Alternate service (only if allowed by the court)
- Personal service at a court hearing (when the judge issues a PPO at a hearing)
For more information about having your PPO papers served, see the article Serving Your Personal Protection Order.
There are special forms to use when the abuser is a minor. PPOs are also enforced differently against minors. Both the process and penalties are different from those used with adults. To learn more about PPOs when the abuser is under 18, read the article Minors and Personal Protection Orders.
Questions about Enforcing a PPO
You can ask for specific protections when you file your PPO petition, but the judge will decide which behaviors your PPO will prohibit. The specific protections in your PPO depend on the type of PPO and the protections you need.
In general, a PPO can prohibit the abuser from doing things like:
- Coming to your home
- Threatening you
- Hurting you
- Coming to your job or school
- Following you
- Calling or texting you
- E-mailing you
- Having things delivered to you
If the abuser violates your PPO, you can call 911 or your local police right away. When the police arrive, show them your PPO and Proof of Service (if you have one).
If you don't have a copy of your PPO, the police can look it up on the Law Enforcement Information Network (LEIN). If you haven't had the abuser served with the PPO, you can ask the police to:
- Give the abuser a copy of your PPO or
- Tell the abuser about the PPO
To learn more, read Personal Protection Order Violations and Enforcement.
It depends. If the abuser has been served with your PPO, and the police officer has reasonable cause to believe that the abuser violated it, the officer can make an immediate arrest. If the abuser has not been served with your PPO, ask the police to either give the abuser a copy of your PPO or tell the abuser about it. Once the police notify the abuser about your PPO, they must give the abuser a chance to obey it. If the abuser does not then obey the PPO, the police can make an immediate arrest.
Your PPO is enforceable anywhere in Michigan as soon the judge signs it. After you have the abuser served with the PPO, it can be enforced in other states as well.
If an arrest is made, the abuser will have to appear before the judge. The abuser will plead “guilty” or “not guilty” to the contempt charge. If the abuser pleads “guilty,” the judge will decide the sentence. If the abuser pleads “not guilty,” the court will schedule a hearing on the contempt charge. The judge will also set bond, unless they decide that you will not be safe if the abuser is released before the hearing. If the bond is posted, the abuser is released until the contempt hearing.
Sometimes the abuser leaves before the police arrive, or the abuser violates the PPO from somewhere else (like making a phone call). If the police don't arrest the abuser, you can file a Motion to Show Cause for Violating Valid Personal/Foreign Protection Order. You must state what the abuser did or said. You can also include supporting witness statements, police reports, photographs, or other documents if you have them.
After you file your motion, the judge may:
- Schedule a hearing on your motion and
- Order the abuser to appear in court for the hearing
You must arrange to have the abuser served with a copy of the motion and order at least seven days before the hearing.
The prosecuting attorney usually prosecutes the contempt charge. A prosecuting attorney represents the government in criminal court cases. At the hearing both the prosecutor and the abuser or the abuser’s lawyer presents witnesses and other evidence. You may have to testify.
Each side gets to cross-examine the other’s witnesses. This means that each party (or their lawyer) will get to ask questions in court of a witness who has testified for the opposing party. The questions on cross-examination are limited to the subjects covered in the direct examination of the witness. A judge will decide whether your PPO was violated. There is no jury.
The abuser can be found guilty of contempt of court for violating your PPO. The abuser could face up to 93 days in jail and a fine of up to $500.
The abuser could also face criminal prosecution for the same behavior. For example, if the abuser violated the PPO by hitting you, they could face criminal assault and battery charges in addition to contempt charges.
No. A PPO is a court order in a civil case. A violation of a PPO is “contempt of court,” which is different than a criminal charge. However, a PPO violation can result in jail time for the abuser.
An act can be a PPO violation and a crime (for example, an assault). In that situation the abuser may be charged with both a PPO violation and a crime for the same event.
Yes. Every Michigan PPO is enforceable in any state if the abuser has been served. A federal law called the Violence Against Women Act (VAWA) says that each state must enforce out-of-state protection orders the same way it enforces its own protection orders. If your Michigan PPO is violated in a different state, the abuser will be punished according to the law of that state.
If you are outside of Michigan and the abuser violates your PPO, you can call 911 or the local police right away. The police can explain the enforcement process in that state or refer you to a local domestic violence agency that can help you.
No. You do not need to get a new protection order if you leave Michigan. Under federal law your PPO is automatically enforceable in another state. Other states must treat your PPO as if it were their own.
If you are in another state, find out that state’s rules for enforcing your PPO there. Some states might ask you to register your PPO so their courts and police know about it. Registering your PPO can make enforcement easier if the abuser violates the PPO. But even if you do not register your PPO, the new state must still enforce a valid Michigan PPO.
The new state can’t require you to notify the abuser that you registered your Michigan PPO there. The new state may notify the abuser only if you ask. If you don’t ask, the law does not allow the state to notify the abuser.
No. You don’t need a lawyer to help enforce a PPO in another state. But you may want to get help from a local domestic violence agency in your new state. A domestic violence agency can help you understand local law enforcement policies.
Yes. In Michigan, the police can arrest a person for violating a foreign (out-of-state) protection order. An officer can rely on a copy of the foreign order if:
- Your name and the abuser’s name are on the order;
- It was in effect before the abuser violated it;
- It lists the behaviors the abuser is prohibited from doing;
- It includes the name of the issuing court;
- The judge’s signature appears on it; and
- The order hasn’t expired.
A foreign order can be enforced in Michigan even if it is not registered in Michigan or verified in the LEIN system.
Questions about Changing, Terminating, or Extending a PPO
Your PPO has an expiration date at the bottom of the order. Your PPO will remain in effect until the expiration date unless the judge extends it. An emergency PPO must be in effect for at least six months. But the judge could make it effective longer than six months.
If you want the judge to extend your PPO, you can use the Do-It-Yourself Motion to Modify, Extend, or Terminate a Personal Protection Order (PPO) tool. You must file the motion at least three days before the expiration date. In the motion explain why you want your PPO extended. If you file a motion, the judge can extend your PPO without a hearing.
If you don’t file a motion to extend your PPO, it will end on the expiration date stated on your PPO.
The Respondent in a PPO case has the right to file a motion to modify (change) or terminate (end) an ex parte PPO. The motion must be filed within 14 days after the Respondent is served with the PPO or receives notice of it.
The judge may not change or end your PPO without having a court hearing. You will be notified if a hearing is scheduled in your case. Attend the hearing if you don’t want your PPO to be changed or ended. At the hearing, the judge will allow both you and the Respondent to speak and may even listen to other witnesses to decide if your PPO should be changed or ended. Lawyers can participate in the hearing.
To learn more, read Responding to a Motion Regarding Your Personal Protection Order.
Either the Petitioner or the Respondent in a PPO case can ask the judge to change or end the PPO. To do this, use our Do-It-Yourself Motion to Modify, Extend, or Terminate a Personal Protection Order (PPO) tool to prepare your motion. For instructions on how to file and what to do afterwards, go to the toolkit I Need to Change or End My Personal Protection Order and read the Checklist.
No. You don’t have to tell the court if you move. But you should consider giving the court a current address so you can be told about activity in your PPO case. You can ask the court to keep your contact information confidential.
The abuser can be arrested for behavior that violates your PPO even if you agree to it. Also, the judge may question whether you are actually afraid of the abuser if you agree to a PPO violation. If you want to change or end your PPO before it expires, you must go back to court and file a motion asking the judge to change or end your PPO.