Out-of-State and Tribal Protection Orders in Michigan

A valid protection order issued in another state, by a tribal court, or in a U.S. territory is enforceable in Michigan as if a Michigan court had issued it. Under MCL 600.2950j, such an order "shall be accorded full faith and credit by the court and shall be subject to the same enforcement procedures and penalties as if it were issued in this state."^[1] You do not need to register it first.^[1][2]

The same principle runs the other way: federal law requires other states, tribes and territories to enforce a Michigan personal protection order (PPO).^[2] This page explains what counts, what makes an order valid, how police handle these orders, and what a respondent can raise in defense.

If you are in danger, call 911. The National Domestic Violence Hotline is free, confidential and open 24/7 at 1-800-799-SAFE (7233), or text "START" to 88788.^[5]

What Michigan means by a "foreign protection order"

The term is defined in MCL 600.2950h. A foreign protection order is an injunction or other order issued by a court of another state, an Indian tribe, or a United States territory for the purpose of preventing a person's violent or threatening acts against, harassment of, contact with, communication with, or physical proximity to another person.^[6]

The definition is broad in one way and narrow in another:

• It includes temporary and final orders, and orders issued by both civil and criminal courts.^[6]
• For a civil order, it applies if the order was issued in response to a complaint, petition, or motion filed by or on behalf of a person seeking protection.^[6]
• It excludes a support or child custody order issued under state divorce and child custody laws, except to the extent such an order is entitled to full faith and credit under other federal law.^[6]
• "Foreign" here means out-of-state, tribal or territorial. The statutory definition names courts of another state, tribe, or U.S. territory, not courts of other countries.^[6]

When is an out-of-state order valid in Michigan?

MCL 600.2950i sets two conditions.^[3]

1. Jurisdiction. The issuing court had jurisdiction over the parties and subject matter under the laws of the issuing state, tribe, or territory.^[3]
2. Notice and an opportunity to be heard. The respondent was given reasonable notice and an opportunity to be heard sufficient to protect the right to due process. For an ex parte order, notice and an opportunity to be heard must be provided within the time required by state or tribal law, and in any event within a reasonable time after the order is issued.^[3]

The federal Violence Against Women Act uses the same two conditions for full faith and credit nationwide.^[2]

How is a valid order enforced here?

Law enforcement officers, prosecutors, and the court enforce a civil foreign protection order in the same manner that they would enforce a Michigan PPO.^[1] That brings in the ordinary PPO enforcement tools:

• A peace officer may arrest without a warrant on reasonable cause to believe a valid foreign protection order has been issued and the named individual is violating or has violated it.^[7]
• The family division of circuit court in every Michigan county has jurisdiction to conduct contempt proceedings based on a violation of a valid foreign protection order.^[8]
• The contempt penalty for an adult is jail for not more than 93 days and a possible fine of not more than $500.^[9]

Child custody or support provisions that are part of a valid foreign protection order receive the same full faith and credit.^[1] The arrest and hearing process is described in Violating a PPO: arrest and criminal contempt.

Criminal no-contact orders from another state

Out-of-state bond conditions and probation orders are handled differently from civil orders. A person who violates a foreign protection order that is a conditional release order or a probation order issued by a court in a criminal proceeding is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of $500, or both.^[10] According to the Michigan Judicial Institute's Domestic Violence Benchbook, Michigan bond no-contact orders issued under MCL 765.6b are, in turn, entitled to full faith and credit in other U.S. jurisdictions.^[11] The difference between civil and criminal orders is explained in PPO, no-contact order or restraining order: the differences.

What will Michigan police need to see?

An officer may rely on a copy of what appears to be a foreign protection order, provided from any source, if it appears to contain the parties' names, an issue date before enforcement is sought, the terms against the respondent, the issuing court's name, a judicial officer's signature, and no obvious sign of invalidity such as a past expiration date.^[4]

The officer may rely on the petitioner's statement that the order remains in effect, and on the statement of either party that the respondent has received notice of it.^[4] The fact that the order cannot be verified in LEIN or the NCIC national protection order file is not grounds to refuse enforcement unless it is apparent to the officer that the order is invalid.^[4]

Practical steps for a protected person who is moving to or visiting Michigan:

• Keep a complete, legible copy of the order with you, and a second copy somewhere safe.
• Keep any paper showing the respondent was served or was present in court when the order was made.
• Write down the name and phone number of the court that issued the order.
• Contact a local advocate for help with safety planning; see Where to get help in West Michigan.

What if the respondent never received notice of the order?

If there is no evidence that the respondent has received notice of the foreign protection order, the respondent must be given an opportunity to comply before the officer makes a custodial arrest. Failure to comply immediately is grounds for an immediate custodial arrest.^[12] The officer serves a copy or tells the respondent about the order, the issuing court, the conduct enjoined, and the Michigan penalties for violating it.^[12]

Defenses a respondent can raise

Michigan law lists three affirmative defenses to any charge or process seeking enforcement of a foreign protection order.^[13]

• Lack of jurisdiction by the issuing court over the parties or subject matter.^[13]
• Failure to provide notice and an opportunity to be heard.^[13]
• For a civil order, lack of filing of a complaint, petition, or motion by or on behalf of a person seeking protection.^[13]

These go to whether the order is valid. They are raised in the Michigan enforcement proceeding. At a Michigan contempt hearing the respondent has the right to be present, to present evidence, and to examine and cross-examine witnesses, and criminal contempt must be proved beyond a reasonable doubt.^[14]

Mutual orders from another state

Michigan courts may not issue mutual PPOs.^[15] Where another jurisdiction's order was sought against a spouse or intimate partner and was issued against both parties, Michigan enforces it against the respondent.^[16] It is not enforceable against the original petitioner unless the respondent filed a cross- or counter-petition or other written pleading seeking the order and the issuing court made specific findings against both parties and determined that each was entitled to relief.^[16]

Tribal court orders

A tribal court order is a foreign protection order under the Michigan definition and is enforced like an order from another state.^[17][6] Federal law gives a court of an Indian tribe full civil jurisdiction to issue and enforce protection orders involving any person in matters arising anywhere in the Indian country of the tribe or otherwise within the tribe's authority.^[17]

Military bases and military protective orders

Under federal law, a civilian order of protection has the same force and effect on a military installation as it has within the jurisdiction of the court that issued it.^[18] A military protective order is a different instrument: it is issued by a military commander and remains in effect until the commander terminates or replaces it.^[18] Because Michigan's definition of a foreign protection order refers to orders issued by a court, a person protected only by a commander's order who wants civilian enforcement can petition for a PPO.^[6]

Taking a Michigan PPO to another state

A Michigan PPO states on its face that, after service, it is enforceable by another state, an Indian tribe, or a U.S. territory, and that a violation elsewhere is subject to that jurisdiction's enforcement procedures and penalties.^[19] The federal statute requires the other jurisdiction to enforce it as if it were its own order.^[2]

Crossing state lines also brings federal criminal law into play. A person who travels in interstate or foreign commerce, or enters or leaves Indian country, with the intent to violate the protective part of a protection order and then does so commits a federal offense punishable by up to 5 years in prison in the ordinary case, with longer terms where serious injury or death results.^[20] See Federal domestic violence crimes.

Should you also get a Michigan PPO?

You are not required to.^[1] Some people who relocate choose to petition for a Michigan PPO anyway, for example because the out-of-state order will expire soon or because the respondent has started new conduct here. Where the respondent is an adult, a petitioner may file in any Michigan county, and there is no filing fee.^[21][22] The petition must state whether a PPO action involving the same parties has been commenced in another jurisdiction.^[23] See How to get a PPO and Address confidentiality and safety tools.