Personal Protection Orders (PPOs) in Michigan, Explained

A personal protection order (PPO) is a civil court order that tells a named person to stop specific conduct, such as assaulting, threatening, stalking, or coming to the home of the person who asked for the order. In Michigan it is an injunctive order issued by the family division of circuit court.^[1] Michigan law creates three types of PPO, and which one applies depends on the relationship between the two people and the conduct alleged.^[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.^[6]

This page is the starting point for the PPO guides in this library. It is written for both sides: the petitioner (the person asking for the order) and the respondent (the person the order would restrain). Each section points to a guide that covers the topic in depth.

What is a PPO, and which court issues it?

The PPO statutes define a personal protection order as an injunctive order issued by the family division of circuit court restraining or enjoining the conduct those statutes list.^[1] Cases involving PPOs belong to the family division of circuit court, so a district court does not issue them.^[7]

A PPO case is its own lawsuit. Under MCR 3.703(A), a personal protection action is an independent action started by filing a petition, and it may not be started by filing a motion in an existing case or by adding a claim to another action.^[8] A court handling a divorce may still protect one spouse from the other with a PPO, but the order is issued under the PPO court rules.^[9]

The three types of PPO

Type	Who it can be sought against	What the court looks for
Domestic relationship PPO, MCL 600.2950	A spouse or former spouse, a person with whom the petitioner has a child in common, a current or former dating partner, or a current or former member of the same household[10]	Reasonable cause to believe the respondent may commit one or more of the acts listed in the statute[11]
Nondomestic stalking PPO, MCL 600.2950a(1)	Any individual, to stop conduct covered by the stalking, aggravated stalking, or unlawful posting statutes[12]	A petition that alleges facts that constitute stalking or the other covered conduct[12]
Nondomestic sexual assault PPO, MCL 600.2950a(2)	A person convicted of sexually assaulting the petitioner or of furnishing obscene material to the petitioner, or who has subjected the petitioner to, threatened, or placed the petitioner in reasonable apprehension of sexual assault[13]	A conviction, or a petition alleging facts that show the respondent perpetrated or threatened sexual assault against the petitioner[13]

The differences between the three, including the definition of a dating relationship and the two-act requirement for stalking, are covered in Types of PPOs in Michigan. Special rules apply when either person is under 18; see PPOs involving minors.

What can a PPO order someone not to do?

A domestic relationship PPO may prohibit one or more of twelve kinds of conduct listed in MCL 600.2950(1), including entering onto premises, assaulting or threatening a named individual, stalking, purchasing or possessing a firearm, and interfering with the petitioner at work or school.^[14] The full list, with the limits on each item, is in What a PPO can prohibit.

Two subjects have their own guides. A firearm restriction applies only if the judge includes it in the order, and federal and state licensing laws add separate consequences; see PPOs and firearms.^[15] A PPO also takes precedence over an existing custody or parenting time order until the PPO expires or the custody court modifies its order; see PPOs, children, and parenting time.^[16]

How does a PPO case start?

The petitioner files a written petition that states with particularity the facts it is based on, the relief sought, and whether an ex parte order is requested.^[17] There is no filing fee.^[8] If the respondent is an adult, the petition may be filed in any county in Michigan regardless of where either person lives.^[18] The step-by-step process is in How to get a PPO in Michigan, and a practical checklist is in Preparing a PPO petition.

The petitioner carries the burden of showing reasonable cause, because the court must make a positive finding about the respondent's behavior before issuing a PPO.^[19]

Ex parte orders and hearings

"Ex parte" means the judge decides without first notifying the other side. A PPO can be issued ex parte if specific facts in a verified complaint, written motion, or affidavit clearly show that immediate and irreparable injury, loss, or damage will result from the delay needed to give notice, or that the notice itself will precipitate adverse action before a PPO can be issued.^[20] The court must rule on an ex parte request within one business day of the filing date.^[21] See Ex parte PPOs in Michigan.

If the petition does not ask for an ex parte order, or the judge declines to enter one and the petitioner asks for a hearing, the court must schedule a hearing as soon as possible.^[22] What happens in the courtroom is described in What to expect at a PPO hearing.

When does a PPO take effect, and how long does it last?

A PPO is effective and immediately enforceable anywhere in Michigan after a judge signs it.^[3] The clerk must send a copy to a designated law enforcement agency immediately, without waiting for proof of service, and that agency enters the order into the Law Enforcement Information Network (LEIN).^[23]

There is no single fixed term. An ex parte PPO is valid for not less than 182 days and must state its expiration date.^[24] The petitioner can ask to extend it before it expires.^[25] Details are in How long a PPO lasts.

What rights does the respondent have?

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 the order or receiving actual notice of it.^[4] A later motion requires a showing of good cause.^[26] The court must schedule a hearing within 14 days after the motion is filed; the period is 5 days only where the PPO prohibits firearms and the respondent is in one of the occupations the statute lists, such as police officers.^[27]

At a hearing on a timely motion to terminate an ex parte PPO, the burden of justifying the order stays with the petitioner.^[28] The respondent is entitled to present evidence and to cross-examine.^[29] Either side may appeal as of right from an order granting or denying a PPO after a hearing, or from the ruling on the respondent's first motion to rescind or modify an ex parte order.^[30]

The guides for respondents are Served with a PPO: what to do, How to fight or terminate a PPO, and Preparing for a PPO hearing as the respondent. Concerns about untrue petitions are addressed in False or retaliatory PPO petitions.

What happens if a PPO is violated?

An adult who violates a PPO is subject to immediate arrest and to the criminal contempt powers of the court. A respondent found guilty of criminal contempt is to be jailed for not more than 93 days and may be fined not more than $500.^[5] A police officer may arrest without a warrant on reasonable cause to believe the respondent is violating or has violated the order.^[31]

The violation hearing is held before a judge without a jury, and criminal contempt has to be proved beyond a reasonable doubt.^[32] If the conduct amounts to stalking and at least one act violates a restraining order the person had actual notice of, the charge can be aggravated stalking, a felony.^[33] See PPO violation penalties.

How is a PPO different from other orders?

• No-contact bond condition. In a criminal case, a judge or magistrate may release a defendant subject to conditions reasonably necessary to protect one or more named persons.^[34] It comes from the criminal court, not from a petition. See PPO vs. no-contact order vs. restraining order.
• Extreme risk protection order (ERPO). An ERPO is distinct from a PPO: a broader range of people can petition for one, and its protection is not limited to the person who petitions.^[35] See Extreme risk protection orders.
• Peace bond. A peace bond is a district or municipal court order requiring a person to post a recognizance to keep the peace, for a period not exceeding 5 years.^[36] See Peace bonds in Michigan.
• Orders from other states. Michigan calls an order from a court of another state, an Indian tribe, or a United States territory a "foreign protection order."^[37] See Out-of-state protection orders.

What people get wrong about PPOs

• "It is not valid until it is served." A PPO is enforceable once the judge signs it, and failure to serve it does not affect its validity.^[3]
• "A PPO lasts six months" or "one year." The law sets a floor of 182 days for an ex parte order and requires an expiration date on the order; neither the statute nor the court rule sets a maximum length.^[24]
• "The petitioner said it was fine to talk." The order restrains the respondent, and in a contempt proceeding the court looks only at the respondent's behavior.^[38] The lawful route to resuming contact is a motion asking the judge to modify or terminate the order.^[39]
• "Violating a PPO is a misdemeanor." It is punished as criminal contempt of court, decided by a judge with no right to a jury trial.^[5][32]
• "A PPO does not leave a record." The order itself is entered into LEIN, and an arrest for criminal contempt for violating it is fingerprinted and reported to the State Police.^[23][40] See Does a PPO show up on a background check?