PPO Hearings in Michigan: What to Expect

There are three kinds of hearing in a Michigan personal protection order (PPO) case: a hearing on the petition, a hearing on a motion to modify or terminate an order, and a hearing on an alleged violation. All are held in the family division of circuit court.^[6] At a hearing on the petition, the petitioner has the burden of showing reasonable cause for the order, the hearing is on the record, and the judge must put the reasons for a denial in writing.^[2][1][5]

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.^[7]

The first step is to know which hearing you are attending, because the timing, who has to prove what, and the consequences differ.

Which hearing is it?

	Hearing on the petition	Hearing on a motion to modify or terminate	Violation (contempt) hearing
When it happens	When no ex parte order was requested, or one was refused and the petitioner asked for a hearing[8]	After a party files a motion to modify or terminate a PPO[9][10]	After an arrest for a violation or a petitioner's motion to show cause[11][12]
Timing	Scheduled "as soon as possible"[13]	Scheduled within 14 days after the motion is filed; 5 days where the PPO prohibits firearms and the respondent is in a listed occupation[14]	Within 72 hours after arrest for a respondent held in custody, unless extended[15]
Who has the burden	The petitioner[2]	The petitioner, on a motion to terminate an ex parte PPO[3]	The petitioner or the prosecuting attorney[16]
Standard	For a domestic relationship PPO, reasonable cause to believe the respondent may commit a listed act[17]	Whether continuation of the order is justified[3]	Beyond a reasonable doubt for criminal contempt; clear and convincing evidence for civil contempt[16]

The hearing on the petition

Notice to the respondent

The petitioner must have the respondent served with the petition and the notice of hearing, personally or by registered or certified mail with restricted delivery. One day before the hearing is deemed sufficient notice on a domestic relationship or nondomestic stalking petition, and two days on a nondomestic sexual assault petition.^[18] The notice form is SCAO form CC 381.^[19]

Who has to be there

The petitioner must attend. If the petitioner fails to attend, the court may adjourn and reschedule the hearing or dismiss the petition.^[1] A respondent who stays away takes a risk: if the court determines the petitioner made diligent attempts at service, whether the respondent was actually served or not, the order may be entered without further notice if the petitioner is entitled to relief.^[1]

What the judge considers

For a domestic relationship PPO, the court must issue the order if it determines there is reasonable cause to believe the respondent may commit one or more of the acts listed in MCL 600.2950(1).^[17] In making that determination the court must consider testimony, documents, or other evidence offered in support of the request, and whether the respondent has previously committed or threatened to commit one or more of the listed acts.^[20]

The burden falls on the petitioner because, as the Court of Appeals put it, the court must make a positive finding of prohibited behavior by the respondent before issuing a PPO.^[2] A court may not refuse a domestic relationship PPO solely because there is no police report, medical report, agency report or finding, or physical sign of abuse or violence.^[21]

For a nondomestic stalking PPO, the petition has to allege facts that constitute stalking or the other conduct the statute covers.^[22] Stalking requires a course of conduct made up of two or more separate noncontinuous acts.^[23] For a nondomestic sexual assault PPO, the court looks for a conviction or for alleged facts showing the respondent perpetrated or threatened sexual assault against the petitioner.^[24] See Types of PPOs in Michigan.

The ruling

At the end of the hearing, the court must state the reasons for denying a PPO in writing, and in a nondomestic case it must also state in writing the specific reasons for issuing one.^[5] If the PPO is granted, it is effective and enforceable anywhere in Michigan once the judge signs it.^[25]

If a custody or parenting time order already exists, the PPO court must contact the court that has that matter, and where the respondent's custody or parenting time rights will be adversely affected, it must determine whether the PPO should include conditions that accommodate those rights.^[26] See PPOs, children, and parenting time.

The hearing on a motion to modify or terminate

This is the hearing a respondent gets after an ex parte PPO. The respondent may request it by motion within 14 days after service or actual notice of the order.^[9] The court must schedule the hearing within 14 days after the motion is filed.^[14] The moving party must serve the motion and notice of hearing at least 7 days before the hearing date.^[27]

The burden does not move to the respondent. The Court of Appeals has held that on a motion to terminate or modify an ex parte PPO, the burden of proof remains with the petitioner who seeks to establish a justification for the continuance of the order.^[3] The burden of going forward with evidence may shift during the proceeding, but the burden of persuasion always remains with the petitioner.^[3]

The respondent has a right to take part in a meaningful way. Due process requires an opportunity for the respondent to present evidence at a hearing to terminate a PPO, and the Court of Appeals has faulted a trial court for depriving a respondent of the opportunity to cross-examine the petitioner.^[4]

A motion filed after the 14 days, or one aimed at a PPO issued after a full hearing, is different: the respondent must show good cause.^[28] The full procedure is in How to fight or terminate a PPO.

The violation hearing

A violation hearing decides whether the respondent is in contempt of court. There is no right to a jury trial; the respondent has the right to be present, to present evidence, and to examine and cross-examine witnesses; and the rules of evidence apply.^[16] At the first appearance the court must advise the respondent of the alleged violation and of the right to a lawyer's assistance at the hearing, including an appointed lawyer if the court determines it might impose jail and the respondent cannot afford one.^[29] The details are in PPO violation penalties.

Special rules in some cases

• Sexual assault PPOs. In hearings on a nondomestic sexual assault PPO, the rape-shield statute applies. A written motion and offer of proof under it must be filed at least 24 hours before a hearing on the petition or on an alleged violation, or at the same time as a motion to modify or terminate.^[30]
• Respondents under 18. A judge, not a referee, must preside over issuing, modifying, or terminating a PPO against a minor.^[31] See PPOs involving minors.
• Minor petitioners. A petitioner who is a minor proceeds through an adult next friend.^[32]

Practical preparation for either side

Courtroom practice differs from county to county and judge to judge, including how much time is set aside and whether the judge asks questions directly. These general points hold in most courtrooms:

• Arrive early, find the courtroom, and check in with the clerk or bailiff.
• Bring the petition, any order, and proof that the other side was served.
• Bring documents in an organized form, with copies for the judge and the other side: messages, call logs, photographs, and records.
• Bring witnesses who saw or heard the events themselves.
• Speak to the judge, not to the other party, and answer the question asked.
• If the other party is restrained from contact with you, or you from them, keep your distance in the hallway and parking lot.

Side-specific checklists are in Preparing a PPO petition and Preparing for a PPO hearing as the respondent.

Accuracy matters for both sides. A person who knowingly and intentionally makes a false statement to the court in support of a PPO petition is subject to the contempt powers of the court.^[33] See False or retaliatory PPO petitions.

After the hearing

Either party has an appeal of right from an order granting or denying a PPO after a hearing, and from the ruling on the respondent's first motion to rescind or modify an ex parte order.^[34] A petitioner whose petition is denied may file again if a new incident occurs, and the court may then consider the earlier incidents along with the new one.^[35]

When a PPO is issued, modified, or terminated, the clerk notifies the law enforcement agency responsible for entering it into the Law Enforcement Information Network.^[36] How long an order runs, and how it is extended, is in How long a PPO lasts.

What people get wrong

"The respondent has to prove the PPO is unnecessary." On a timely motion to terminate an ex parte PPO, the burden remains with the petitioner.^[3]

"If I was not served, the hearing cannot go ahead." The order may be entered in the respondent's absence if the court finds the petitioner made diligent attempts at service and is entitled to relief.^[1]

"A PPO hearing is a criminal trial." A hearing on a petition asks whether there is reasonable cause to believe the respondent may commit a listed act.^[17] Proof beyond a reasonable doubt enters only at a hearing on criminal contempt for a violation.^[16]