False or Retaliatory PPO Petitions in Michigan

Michigan law deals with untrue personal protection order (PPO) petitions in three ways. A person who knowingly and intentionally makes a false statement to the court in support of a petition is subject to contempt of court.^[1] A judge may not issue a mutual PPO, and tit-for-tat orders are barred unless each side has properly petitioned.^[2] And a respondent served with an ex parte PPO can obtain a hearing, at which the petitioner must justify continuing the order, by filing a timely motion to modify or terminate.^[5][4]

This page is written for both sides. A respondent who believes a petition is false needs to know the remedy and the deadline. A petitioner who is telling the truth needs to know what the court can and cannot hold against the petition.

What the statute says about false statements

Both PPO statutes contain the same sentence: "An individual who knowingly and intentionally makes a false statement to the court in support of his or her petition for a personal protection order is subject to the contempt powers of the court."^[1]

Two features of that wording matter. The statement has to be false, and the person has to have made it knowingly and intentionally.^[1] A petition that is denied, or an order that is later terminated, is not the same thing as a petition built on a knowing falsehood. An honest mistake, a different recollection of the same event, or an allegation a judge finds insufficient is not, without more, a knowingly and intentionally false statement.

The remedy named in the PPO statutes is contempt.^[1] That contrasts with Michigan's extreme risk protection order act, which makes a knowingly and intentionally false statement in an ERPO complaint a crime in its own right.^[8]

Kind of petition	Consequence the statute names for a knowingly false statement
PPO petition, MCL 600.2950(24) and MCL 600.2950a(24)	Subject to the contempt powers of the court[1]
ERPO complaint, MCL 691.1819(4)	First offense: misdemeanor, up to 93 days or a fine of up to $500, or both. Second offense: felony, up to 4 years or a fine of up to $2,000, or both. Third or subsequent: felony, up to 5 years or a fine of up to $20,000, or both[8]
Peace bond complaint, MCL 772.7	If the court finds the complaint unfounded, frivolous, or malicious, the complainant is ordered to pay the costs of the prosecution[9]

False statements to police are a separate subject, covered in False reports of domestic violence.

Mutual and retaliatory orders

MCL 600.2950(8) provides: "A court shall not issue a mutual personal protection order. Correlative separate personal protection orders are prohibited unless both parties have properly petitioned the court."^[2] The court rule repeats that a PPO may not be made mutual.^[2]

In practice this means a judge cannot resolve a two-sided dispute by simply restraining both people in one order. A respondent who wants an order against the petitioner must file a separate petition, and that petition must meet the ordinary standard on its own facts.^[2][10] Michigan and federal law follow the same idea for orders from other states: an order sought against a spouse or intimate partner and issued against both parties is not enforceable against the original petitioner unless the respondent filed a cross-petition or other written pleading and the court made specific findings that each party was entitled to relief.^[11]

A PPO also cannot rest on, or prohibit, constitutionally protected speech. The Court of Appeals has held that a comment that was offensive and in poor taste but constitutionally protected could not support a PPO.^[12]

Safeguards built into the process

The PPO procedure has checks that work in both directions.

Checks on the petitioner's side

• The petition must be in writing, must state with particularity the facts on which it is based, and must be signed.^[13]
• The petitioner bears the burden of showing reasonable cause, because the court must make a positive finding of prohibited behavior by the respondent before issuing a PPO.^[3]
• An ex parte order requires specific facts, shown by a verified complaint, written motion, or affidavit, 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.^[14]
• A nondomestic stalking PPO may not be granted unless the petition alleges facts that constitute stalking or related prohibited conduct.^[15]
• When a first petition has been denied, a second petition that only repeats the same allegations is barred; a new incident is needed.^[16]

Protections for petitioners

• A court may not refuse to issue a domestic relationship PPO solely because of the absence of a police report, a medical report, a report or finding of an administrative agency, or physical signs of abuse or violence.^[7]
• The respondent need not already have committed a listed act; the statute asks whether there is reasonable cause to believe the respondent may commit one.^[17][10]
• If the court refuses to grant a PPO, it must immediately state its specific reasons in writing.^[18]
• Before dismissing a petition without a hearing, the court must at least interview the petitioner.^[19]

The absence of outside documentation is therefore not, by itself, a sign that a petition is false. Preparing a truthful, specific petition is covered in Preparing a PPO petition: a checklist.

The respondent's remedy: a motion to terminate

A PPO can be issued ex parte, meaning without advance notice to the respondent. Michigan's Court of Appeals has upheld that practice against due process challenges because the statutes require a sworn showing of exigent circumstances and provide notice and an opportunity to be heard after the order is issued.^[20] That after-the-fact hearing is the place to contest the petition.

1. File on time. 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.^[5] A later motion requires a showing of good cause.^[6]
2. No fee. There are no motion fees for modifying or terminating a PPO.^[21]
3. Hearing date. The court must schedule a hearing on the motion within 14 days after it is filed.^[22]
4. Burden. On a motion to terminate or modify an ex parte PPO, the burden of proof remains with the petitioner, who must justify continuing the order.^[4]
5. A real hearing. Due process requires that the respondent be allowed to present evidence, and the Court of Appeals has vacated orders where a court cut off cross-examination of the petitioner.^[23]
6. Appeal. Either party has an appeal of right from the ruling on the respondent's first motion to rescind or modify an ex parte PPO.^[24]

Each step is explained in How to challenge, modify or terminate a PPO, The PPO hearing: what to expect and Preparing for a PPO hearing as the respondent.

What to do, and not do, while the motion is pending

A PPO is effective and immediately enforceable once a judge signs it, and it stays that way while a motion to terminate is pending.^[25] A respondent who is sure the petition is false still faces arrest and criminal contempt for violating the order, with jail of not more than 93 days.^[26]

Practical points for a respondent:

• Do not contact the petitioner to argue about the petition or ask that it be withdrawn. Raise it with the court.
• Gather what bears on the specific allegations: messages, call logs, location records, work schedules, and the names of people who saw the events.
• Write a dated timeline while your memory is fresh.
• Bring copies of any related court orders, such as custody or bond orders.

See also Served with a PPO: what it means and what to do first.

Why winning the hearing can matter after the order ends

A PPO is entered into LEIN, the law enforcement database, immediately on issuance.^[27] If the order is modified or terminated, the clerk must immediately notify the law enforcement agency named in it.^[27] In TM v MZ, the Michigan Supreme Court held that whether an improperly issued PPO should be identified in LEIN as rescinded is a live controversy, so an appeal is not moot just because the PPO expired.^[28] Record questions are covered in Does a PPO go on your record?

What people get wrong

"A false PPO petition is automatically a perjury case." The consequence the PPO statutes name is contempt of court, for statements that are knowingly and intentionally false.^[1] Whether any other charge could be brought in a particular case is a question for a lawyer or the prosecuting attorney.

"The judge can just make it mutual." Mutual PPOs are prohibited.^[2]

"No police report means the petition is fake." The law says the absence of a police report cannot be the sole reason to deny a domestic relationship PPO.^[7]

"The respondent has to prove the petitioner lied." On a timely motion to terminate an ex parte PPO, the burden of persuasion stays with the petitioner.^[4] How credibility is tested in court more generally is discussed in False accusations.