Ex Parte PPOs in Michigan: Emergency Orders Without Notice

An ex parte personal protection order (PPO) is one a judge issues without first notifying the person to be restrained. Michigan law allows it when specific facts shown by a verified complaint, written motion, or affidavit make it clearly appear that immediate and irreparable injury, loss, or damage will result from the delay required to give notice, or that the notice will itself precipitate adverse action before a PPO can be issued.^[1] The court must rule on the request within one business day of the filing date of the petition.^[2]

If you are in immediate danger, call 911. The National Domestic Violence Hotline is free and confidential, and it answers around the clock at 1-800-799-7233 or by texting START to 88788.^[8]

This page covers the ex parte standard, what happens when the request is granted, what happens when it is denied, and what the respondent can do afterward. The filing steps themselves are in How to get a PPO in Michigan.

What does a petitioner have to show for an ex parte PPO?

Two things are in play. First, the petition has to meet the basic test for the type of PPO requested. For a domestic relationship PPO, that is reasonable cause to believe the respondent may commit one or more of the acts listed in MCL 600.2950(1).^[9] For a nondomestic stalking PPO, the petition must allege facts that constitute stalking or the other conduct the statute covers.^[10]

Second, the request has to satisfy the ex parte standard in MCL 600.2950(12), MCL 600.2950a(12), and MCR 3.705(A)(2).^[1] That standard has three parts worth reading closely:

• Specific facts. The showing has to come from "specific facts," not conclusions.^[1]
• A written showing. The facts have to be shown by a verified complaint, written motion, or affidavit.^[1]
• Urgency tied to notice. The facts have to show either that immediate and irreparable injury, loss, or damage will result from the delay required to give notice, or that notice itself will precipitate adverse action before a PPO can be issued.^[1]

The two statutes word the rule differently. MCL 600.2950(12) says a court "shall issue" an ex parte domestic relationship PPO if that showing is made. MCL 600.2950a(12), for the nondomestic types, says a court "shall not issue" a PPO ex parte "unless" the showing is made.^[11]

In deciding whether reasonable cause exists for a domestic relationship PPO, the court must consider the testimony, documents, or other evidence offered, and whether the respondent has previously committed or threatened to commit a listed act.^[12] The Court of Appeals has said that a respondent need not have already committed a listed act before an ex parte PPO is issued; the statute asks whether there is reasonable cause to believe the respondent may commit one.^[13] A court also may not refuse a domestic relationship PPO solely because there is no police report, medical report, agency finding, or physical sign of abuse.^[14]

The burden of proof is on the petitioner.^[15] Practical guidance on describing incidents with enough detail is in Preparing a PPO petition.

How fast does the court act?

The court must rule on a request for an ex parte order within one business day of the filing date of the petition.^[2] Whether the judge speaks with the petitioner before ruling, and how the paperwork moves between the clerk's office and the judge, varies from court to court.

If the ex parte PPO is granted

Question	Rule
When does it take effect?	When the judge signs it; it is immediately enforceable anywhere in Michigan.[4]
How long does it last?	Not less than 182 days, and the order must state its expiration date.[3]
Does it have to be served to be valid?	No. Failure to serve the order does not affect its validity or effectiveness.[4]
Is it entered into LEIN?	Yes. The clerk files a copy with the designated law enforcement agency immediately and without proof of service, and the agency enters it into the Law Enforcement Information Network.[16]
What does it tell the respondent?	An ex parte order must state that the respondent may file a motion to modify or terminate it and request a hearing within 14 days after service or actual notice, and that motion forms are available from the clerk.[17]

The petitioner is responsible for having the order served on the respondent, personally or by registered or certified mail with delivery restricted to the addressee, by an adult who is not a party.^[18] If the respondent has not been served, a law enforcement officer or court clerk who knows of the order may serve it or tell the respondent about it at any time.^[19]

Service still matters for enforcement. If police respond to a reported violation and the respondent has not received notice of the PPO, the respondent must be given an opportunity to comply before a custodial arrest; failing to comply immediately is grounds for arrest.^[20]

A firearm restriction is part of an ex parte PPO only if the judge includes it.^[21] How state licensing rules and the federal firearm statute treat orders issued with and without a hearing is explained in PPOs and firearms.

If the ex parte request is denied

A refusal is not the end of the case. Under MCR 3.705(A)(5), a court that refuses to grant an ex parte order must state the reasons in writing and advise the petitioner of the right to request a hearing. If the petitioner does not request a hearing within 21 days of entry of the order, the order denying the petition is final.^[5]

The reasons have to be real ones. The Court of Appeals has said a conclusory determination that the allegations are "insufficient" for ex parte relief is not adequate for appellate review.^[22]

When the petitioner requests a hearing, the court must schedule it as soon as possible, unless it determines after interviewing the petitioner that the claims are sufficiently without merit that the action should be dismissed without a hearing.^[23][24] The rule gives no fixed number of days for this hearing.^[24]

For the hearing, the petitioner must have the respondent served with the petition and the notice of hearing. One day before the hearing is deemed sufficient notice for a domestic relationship or nondomestic stalking petition; two days for a nondomestic sexual assault petition.^[25] The hearing is on the record, and the petitioner must attend.^[26] What happens there is described in What to expect at a PPO hearing.

A petitioner whose petition was denied can file again if something new happens. A second petition that repeats only the same allegations is barred, but after a new incident the court may consider the earlier incidents together with the new one.^[27]

What can the respondent do about an ex parte PPO?

The respondent's hearing comes after the order, not before it. A respondent may file a motion to modify or terminate an ex parte PPO and request a hearing within 14 days after being served with, or receiving actual notice of, the order.^[6] A motion filed later requires a showing of good cause.^[28] There is no fee for the motion.^[29]

The court must schedule a hearing on the motion within 14 days after it is filed. The period is 5 days if the PPO prohibits the respondent from purchasing or possessing a firearm and the respondent is in one of the occupations the statute lists, such as police officers and corrections officers.^[7]

At a hearing on a motion to terminate or modify an ex parte PPO, the Court of Appeals has held that the burden of justifying continuation of the order remains with the petitioner.^[30] Due process requires that the respondent be allowed to present evidence and to cross-examine.^[31] The steps are in Served with a PPO: what to do and How to fight or terminate a PPO.

A PPO stays in force until it expires or a judge terminates it, so a violation while a motion is pending still exposes the respondent to arrest and criminal contempt.^[32][33]

Why courts allow orders without notice

Respondents often ask how an order can be entered against them before they have said a word. The Michigan Court of Appeals has addressed that question and held that there is no procedural due process defect in obtaining an emergency order of protection without notice when the petition is supported by affidavits that demonstrate exigent circumstances and there are appropriate provisions for notice and an opportunity to be heard after the order is issued.^[34] The motion to modify or terminate, and the hearing on it, are those provisions.^[34][6]

What people get wrong

"An ex parte PPO is only a short placeholder." An ex parte PPO is valid for not less than 182 days and runs to the expiration date stated on it. The hearing the rules give the respondent is the one the respondent requests by motion.^[3][6]

"The respondent has 21 days." The respondent's period is 14 days; the 21-day period is the petitioner's time to request a hearing after a denial.^[6][5]

"Every respondent gets a hearing within 5 days." The general period is 14 days. The 5-day period in the statute applies only when the order prohibits firearms and the respondent is in a listed occupation.^[7]