Personal Protection Orders for Sexual Assault in Michigan

Michigan has a personal protection order (PPO) specifically for sexual assault that does not depend on any dating, family or household relationship. Under MCL 600.2950a(2), a person may petition the family division of circuit court if the respondent has been convicted of a sexual assault of the petitioner, or if the petitioner has been subjected to, threatened with, or placed in reasonable apprehension of sexual assault by the respondent, whether or not there has been a charge or conviction.^[2][1][6]

If you are in immediate danger, call 911. The national sexual assault hotline run by the Rape, Abuse & Incest National Network is 800-656-HOPE (800-656-4673).^[7] Michigan's VOICES4 hotline takes calls and texts at 1-855-864-2374, is confidential, and has advocates available 24/7.^[8]

This page explains who qualifies, what the order can prohibit, how orders issued without notice work, the special evidence rule for these hearings, and what happens on a violation. Filing steps, forms and what a hearing is like are covered in the sister guide: how to get a PPO in Michigan and what to expect at a PPO hearing.

What counts as "sexual assault" for a PPO?

The PPO statute defines the term by pointing to the criminal law. "Sexual assault" means an act, attempted act, or conspiracy to engage in an act of criminal conduct as defined in the criminal sexual conduct statutes, MCL 750.520b, 750.520c, 750.520d, 750.520e and 750.520g, or an offense under a law of the United States, another state, or a foreign country or tribal or military law that is substantially similar.^[9] Those offenses are explained in the overview of criminal sexual conduct law.

Who qualifies?

There are two routes, and the court's role is different in each.

Route	What the petitioner shows	What the statute says the court does
After a conviction, MCL 600.2950a(2)(a)	The respondent has been convicted of a sexual assault of the petitioner, or of furnishing obscene material to the petitioner[2]	The court "shall grant relief" if it determines the respondent has been so convicted[2]
Without a conviction, MCL 600.2950a(2)(b)	The petitioner has been subjected to, threatened with, or placed in reasonable apprehension of sexual assault by the respondent[1]	The court "shall not grant relief" unless the petition alleges facts that demonstrate that the respondent has perpetrated or threatened sexual assault against the petitioner[1]

Under the second route, relief "may be sought and granted under this subdivision regardless of whether the individual to be restrained or enjoined has been charged with or convicted of sexual assault."^[1] The statute adds one evidentiary rule for minors: evidence that a respondent has furnished obscene material to a minor petitioner is evidence that the respondent has threatened sexual assault against the petitioner.^[1]

Limits involving minors

A court may not issue a PPO under this section if the respondent is the unemancipated minor child of the petitioner, if the petitioner is the unemancipated minor child of the respondent, or if the respondent is a minor child less than 10 years of age.^[10] If the respondent is less than 18 years old, issuance of the order is subject to the juvenile code.^[10] Separately, a court may not issue a PPO under this section if the petitioner is a prisoner.^[11] See the sister guide's page on PPOs involving minors.

What can the order prohibit?

The court may restrain the respondent from one or more of the acts listed in MCL 600.2950a(3):^[12]

• Entering onto premises.^[12]
• Threatening to sexually assault, kill, or physically injure the petitioner or a named individual.^[12]
• Purchasing or possessing a firearm.^[12]
• Interfering with the petitioner's efforts to remove the petitioner's children or personal property from premises that are solely owned or leased by the respondent.^[12]
• Interfering with the petitioner at the petitioner's place of employment or education, or engaging in conduct that impairs the petitioner's employment or educational relationship or environment.^[12][13]
• Following or appearing within the sight of the petitioner, or approaching or confronting the petitioner in a public place or on private property.^[12]
• Appearing at the petitioner's workplace or residence, or entering onto or remaining on property owned, leased, or occupied by the petitioner.^[12]
• Contacting the petitioner by telephone, or sending mail or electronic communications to the petitioner.^[12]
• If the petitioner is a minor enrolled in a school that operates any of grades K to 12, attending school in the same building as the petitioner.^[12][13]
• Placing an object on, or delivering an object to, property owned, leased, or occupied by the petitioner.^[12]
• Engaging in conduct that is prohibited under MCL 750.411s.^[12]
• Any other specific act or conduct that imposes upon or interferes with personal liberty or that causes a reasonable apprehension of violence or sexual assault.^[12]

The order itself must list each type of conduct enjoined and state an expiration date clearly on its face.^[14] Firearm restrictions are discussed in the sister guide's page on PPOs and firearms.

Orders issued without notice (ex parte)

A court may not issue a PPO ex parte, without written or oral notice to the respondent or the respondent's attorney, "unless it clearly appears from 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 effectuate notice or that the notice will precipitate adverse action before a personal protection order can be issued."^[3]

1. The court must rule on a request for an ex parte order within one business day of the filing date of the petition.^[15]
2. An ex parte order is valid for not less than 182 days.^[3]
3. The person restrained may file a motion to modify or rescind the order and request a hearing; the motion must be filed within 14 days after the order is served or after the person receives actual notice, unless good cause is shown for filing later.^[4]
4. The court must schedule a hearing on that motion within 14 days after it is filed, or within 5 days where the respondent is one of the listed people who carry a firearm for work, such as a police officer, and the order prohibits purchasing or possessing a firearm.^[16]

Where the court holds a hearing on the petition instead of ruling ex parte, two days' notice to the respondent before the hearing is deemed sufficient for a sexual assault PPO, compared with one day for domestic relationship and stalking PPOs.^[15]

Whenever a court issues or refuses to issue a PPO, it must immediately state in writing the specific reasons, and if a hearing is held it must also state them on the record.^[17] More on the process is in the sister guide: ex parte PPOs, served with a PPO: what to do, and how to fight or terminate a PPO.

Privacy and evidence rules in these hearings

A petitioner may omit his or her address of residence from documents filed with the court, and must then provide the court a mailing address.^[17]

Michigan's rape-shield statute, MCL 750.520j, applies in any hearing on a petition for, a motion to modify or terminate, or an alleged violation of a sexual assault PPO.^[18] That statute bars evidence of specific instances of the victim's sexual conduct, and opinion and reputation evidence of it, unless and only to the extent the judge finds the proposed evidence falls within its exceptions, is material to a fact at issue, and is not more inflammatory or prejudicial than probative.^[19]

The timetable is shortened for PPO hearings: the written motion and offer of proof must be filed at least 24 hours before a hearing on a petition or on an alleged violation, and at the same time as a motion to modify or terminate the order is filed.^[18][20] The statute is explained in Michigan's rape-shield law.

What happens if the order is violated?

A PPO is effective and immediately enforceable anywhere in the state after being signed by a judge.^[6]

• An individual 17 years of age or older who refuses or fails to comply is subject to the criminal contempt powers of the court and, if found guilty of criminal contempt, must be imprisoned for not more than 93 days and may be fined not more than $500.^[5]
• An individual less than 17 years of age is instead subject to the dispositional alternatives of the juvenile code.^[14]
• The contempt penalty may be imposed in addition to any penalty that may be imposed for any other criminal offense arising from the same conduct.^[14]
• The petitioner or the prosecuting attorney has the burden of proving guilt of criminal contempt beyond a reasonable doubt, and guilt of civil contempt by clear and convincing evidence.^[5]

Arrest, arraignment and sentencing on a violation are covered in the sister guide's page on PPO violation penalties.

Safeguards against misuse

Three provisions address fairness to the person named in the order. A person who knowingly and intentionally makes a false statement to a court in support of a petition is subject to the court's contempt powers.^[21] A court may not issue a mutual PPO, and separate orders against each party are prohibited unless both parties have properly petitioned.^[22] And a respondent restrained ex parte has the 14-day motion right described above.^[4] The sister guide discusses false or retaliatory PPO petitions and preparing for a PPO hearing as a respondent.

How a sexual assault PPO differs from other orders

Order or measure	Who issues it	Basis
Sexual assault PPO	Family division of circuit court[6]	Conviction for, or facts showing, sexual assault or a threat of it against the petitioner[2][1]
Nondomestic stalking PPO	Family division of circuit court[6]	Petition alleging facts that constitute stalking or conduct prohibited under MCL 750.411s, whether or not the respondent has been charged or convicted[23]
No-contact condition of bond	The criminal court, as a condition of pretrial release[24]	A pending criminal case[24]
School contact restriction	The school, as a supportive measure[25]	The school's response to a report of sexual harassment; defined as non-disciplinary and non-punitive[25]

These can exist at the same time. See bond in Michigan CSC cases, the Title IX process, and the sister guide's comparison of PPOs, no-contact orders and restraining orders.

What people get wrong

"You need a conviction, or at least a police report, to get a PPO." The statute allows relief regardless of whether the respondent has been charged or convicted.^[1]

"PPOs are only for couples and family members." The sexual assault PPO and the stalking PPO are in a separate statute, MCL 600.2950a, whose tests do not turn on a relationship.^[1][23]

"A school or workplace no-contact directive is the same thing." A PPO is an injunctive order of the circuit court, enforceable statewide once signed by a judge; a school's mutual contact restriction is a supportive measure.^[6][25]

"An ex parte order cannot be challenged." The respondent may move to modify or rescind it and request a hearing.^[4]

A PPO is one of several routes open after a sexual assault. Others, including reporting to police and seeking medical care, are described in options for reporting sexual assault and where to get help after sexual assault in West Michigan.