How To Get A Restraining Order In Michigan

When a Michigan resident feels threatened by another person and needs legal protection from potential harm, they can petition the circuit court for an order to prohibit that individual from causing or attempting to cause harm. While commonly known as a restraining order in many jurisdictions, Michigan law refers to it as a Personal Protection Order.

A Personal Protection Order (PPO) is commonly used in instances of domestic violence, stalking, sexual assault, harassment, or other unlawful behavior that threatens a person's liberty, life, or safety.

To make the order effective, the court may impose specific, tailored restrictions to prevent further harm. These may include prohibiting the respondent from possessing firearms, contacting the protected person, or entering certain locations like the petitioner's home, workplace, or school. Violating a PPO term can result in immediate legal consequences, including arrest or criminal charges.

Since PPOs are issued by a court with competent civil jurisdiction, they are often included in the Michigan civil court records.

Types Of Restraining Orders in Michigan

Michigan's personal protection orders can be classified into these broad types:

Domestic Relationship PPO

A Domestic Relationship PPO is regulated by Section 600.2950 of the Michigan Compiled Laws and requested by petitioners seeking protection from someone with whom they have a familial or intimate relationship. The respondent may be a current or former spouse, dating partner, co-parent, or other household member. A domestic PPO can restrain the abuser from entering the petitioner's home, threatening to kill or injure them, intentionally causing them mental distress, etc.

Nondomestic Stalking and Sexual Assault PPOs

Section 600.2950(a) of the Michigan Compiled Laws provides for two types of nondomestic personal protection orders: stalking and sexual assault PPOs. The purpose of a Non-Domestic Stalking PPO is to protect the petitioner from being stalked or harassed by someone with whom they have no domestic or intimate relationship.

On the other hand, a Non-Domestic Sexual Assault PPO is intended to protect individuals who have been sexually assaulted or threatened with sexual violence by someone outside of a domestic relationship. It aims to prevent further contact, intimidation, or acts of sexual aggression by restricting the respondent's ability to approach, communicate with, or engage with the petitioner in any form.

Are Restraining Orders Public Records In Michigan?

Yes. Personal protection orders are court records and, thus, public documents following Section 8.119 of the Michigan Court Rules (MCR). Consequently, anyone may visit the courthouse where a PPO is filed to access the petition, verified statements, and supporting evidence.

However, since each court may have its own procedures for accessing records, requesters are encouraged to contact the court in advance to confirm the applicable rules, requirements, and inspection hours.

It is worth noting that specific information in a PPO case may be sealed or redacted to protect the petitioner's safety and privacy, especially where disclosure would reveal sensitive personal details like the petitioner's address, contact information, or other identifying information. In such cases, access to the redacted information will only be granted to the parties to the case and specific authorized agencies or personnel.

How To Look Up Restraining Orders In Michigan

The following can be used to find information about personal protection orders in Michigan:

• In-Person Search: The public can access records directly by visiting the courthouse where the PPO was filed.
• Law Enforcement Databases: Qualified criminal justice agencies can access PPO information through LEIN (Law Enforcement Information Network).
• The Parties: The parties of a personal protection order case typically have access to detailed information and documents related to the matter. While not an official method of obtaining records, individuals who know a party to the case may choose to approach them informally to request information. However, sharing such information is at the involved party's discretion and may be subject to privacy considerations.

Can You Look Up A Restraining Order Online?

No. Section 3.705(c) of the Michigan Compiled Laws prohibits courts from publishing information online about the registration, filing, or issuance of a personal protection order if such disclosure would reveal the protected party's identity or location. Courts typically inform requesters that such information cannot be released on the internet per federal and state statutes.

How To File A Restraining Order In Michigan

Interested parties can file for a Michigan personal protection order by taking the following steps:

File a Petition and Other Necessary Forms

The PPO process begins with filing a petition with the circuit court clerk's office of any county within the state (petitioners do not have to file in the county where they reside to obtain a PPO). Interested parties can stop by the county clerk's office during regular work hours for the relevant forms. Court staff are often available to assist petitioners with basic guidance on completing and submitting the paperwork.

The petition forms are also available online on the state's Personal Protection Proceedings Forms page. Some counties, such as Eaton County, have a "Do-It-Yourself" personal protection order packet at their courthouses, which includes instructions and all forms necessary to facilitate the process.

Note: The PPO petition is a crucial document that informs the court about the petitioner's situation. Therefore, it is essential that the petitioner include comprehensive and specific details, such as the nature of the harassment or abuse, along with relevant dates, times, and descriptions. Providing this information helps the court fully understand the circumstances and make an informed decision.

Attend an Ex Parte Hearing

Petitioners facing emergency situations are encouraged to request an ex parte personal protection order. An ex parte PPO is an emergency order granted by the court solely on the petitioner's factual representations. In other words, it is issued without prior notice to the respondent and does not require the respondent's presence at the hearing. Ex parte PPOs provide immediate protection based on the urgency of the situation.

Service of Process

If the petitioning party does not request an ex parte personal protection order, the court will schedule a hearing, and the respondent must be notified in advance and given the opportunity to appear and respond. However, if an ex parte PPO is requested and granted, the respondent will be served with the signed order along with the petition and supporting documents. The respondent then has the right to file a motion to modify or cancel the order and request a hearing within 14 days of being served, except if they demonstrate good cause to extend the date.

Delivering legal documents to the respondent is known as "service of process". It ensures the respondent is appropriately informed of the legal action and provided an opportunity to respond. The following service timeframes apply when a hearing is scheduled and the petitioner does not request an ex parte PPO or the respondent requests a hearing after being served with an ex parte PPO:

• For domestic and nondomestic (stalking) PPOs, service must be completed at least one day before the scheduled hearing.
• For nondomestic (sexual assault) PPOs, service must be completed at least two days before the hearing.

The Final Hearing

Both parties must appear in court on the scheduled hearing date, and the respondent will be allowed to respond to the allegations outlined in the petition. The sitting judge will then decide whether to grant or deny the order of protection based on the evidence (or the absence of sufficient evidence) presented during the hearing.

Can You File A Restraining Order For No Reason In Michigan?

No. Orders of protection in Michigan are issued based on a valid legal basis that shows that the petitioner needs protection from stalking, domestic abuse, sexual assault, or other kinds of harassment. Per MCR 3.705(A)(2), an ex parte order is issued based on "specific facts shown by verified complaint, written petition, or affidavit that the petitioning party is entitled to the relief sought".

What Proof Do You Need For A Restraining Order In Michigan?

As mentioned, PPOs in Michigan are granted based on specific facts showing that the respondent has engaged in certain prohibited behaviors. For an ex parte PPO, the petitioner will need to submit an affidavit containing concrete details (not vague claims) about the respondent's conduct, such as threats, harassment, stalking, or acts of violence.

However, to issue a final PPO, the judge must find reasonable cause to grant the order. Although "reasonable cause" is a lower threshold than the standard used in criminal cases, Michigan courts evaluate PPO petitions using the preponderance of the evidence standard—the same standard of proof applied in most civil cases in the state. In other words, the petitioner must provide evidence to show that their claim is more likely valid than false (at least 51% likely compared to the respondent's version of events).

The following evidence can help to meet this standard of proof:

• Police reports
• Unwanted phone calls and texts
• Pictures and videos of prior abuse by the respondent
• Medical records
• Eyewitness statements

How Long Does It Take To Get A Restraining Order In Michigan?

Per MCR 3.705(A)(1), courts in Michigan decide on a request for an ex parte order within one business day after the petition is filed. If a hearing is needed, it is typically scheduled within a few weeks, and the PPO takes effect if granted on the hearing date.

How Long Does A Restraining Order Last In Michigan?

In Michigan, an ex parte PPO is valid for at least 182 days from the date it is issued (MCR 3.705(A)(3)). The court can modify, rescind, or extend the duration following a hearing or further motion. Meanwhile, a final PPO may last up to one year or more, depending on the case's unique circumstances.

Petitioners can file a motion to extend their PPO at least 3 days before the current order's expiry date.

How Much Does A Restraining Order Cost in Michigan?

Michigan prohibits the courts from charging fees for filing or initiating a civil process for a personal protection order. However, the petitioner is responsible for the cost of serving a copy of the PPO to the respondent. The service cost varies based on who serves the process and the method used (service by a local sheriff or police department is typically cheaper than service by a professional process server, which can cost as much as $150).

While there is usually no fee to obtain a copy of a PPO at the time of issuance in Michigan, requesters may be required to pay $1 per page for additional copies.

Finally, petitioners can handle their PPO cases without an attorney. However, those who retain legal counsel can expect attorney fees that may range from $150 to $500/hour, depending on factors like the attorney's experience and the case's complexity.

Can You Cancel A Restraining Order In Michigan?

Yes. A petitioner or respondent can request the issuing court to end a PPO by filing Form CC 379 (Motion to Modify, Extend, or Terminate Personal Protection Order). Once the motion is submitted, the court will schedule a hearing, usually within 14 days. At the hearing, both parties may present their arguments and evidence. After the hearing, the judge may terminate, modify, extend, or leave the PPO in place, based on the facts of the case.

It is important to note that only a judge can cancel or change a PPO. The parties cannot dismiss the order by mutual agreement without a formal court decision.