PERSONAL PROTECTION ORDERS
A personal protection order is an order issued by the court. It can protect you from harassment, assault, beating, molesting, wounding, or stalking by another person. The order can also prohibit the respondent from entering onto yur premises and from removing minor children unless the removal is part of court-ordered visitation.
There are two types of personal protection orders. One is issued only after the other person has been notified that you ahve filed for a restraining order and a court hearing has been held. The other type is issued without notifying the other person and with no court hearing. This type is called an Ex-parte Order.
IS IT A CRIME FOR SOMEONE TO ASSAULT ME OR THREATEN TO ASSAULT ME?
Yes, it is a crime in Michigan for someone to threaten or assault another person. Michigan law provides protection to persons who have a domestic relationship of those who are being harassed or stalked by another person by allowing you to file a personal protection order.
WILL THE PERSONAL PROTECTION ORDER GO INTO EFFECT AS SOON AS THE JUDGE SIGNS IT?
Yes. The County Clerk’s office is responsible for providing a copy of the order to the local police agency so that it can immediately be entered into the Law Enforcement Information Network (LEIN). However, you are responsible for serving the other party with a copy of the order.
HOW DO I FILE FOR A PERSONAL PROTECTION ORDER?
You can come into the County Clerk’s Office and request a Petition for a Personal Protection Order. The staff will ask you a few questions to determine that you are filing the right type of Petition. These can also be found under the “Forms” section of this website. You may file these forms by yourself, you do not need an attorney, however, by using the do-it-yourself Personal Protection Order, you are choosing to represent yourself in a court action.
ALSO PLEASE BE ADVISED THAT THE COURT STAFF IS NOT ALLOWED TO GIVE LEGAL ADVICE.
CAN I GET A PERSONAL PROTECTION ORDER TO PROTECT ME FROM A STALKER?
Yes. Stalking involves harassment that causes you to feel terrorized, threatened, intimidated, frightened or molested. This could include following you, making unwanted calls or mailings, or showing up repeatedly at your home or work.
HOW DO I FILE FOR A STALKING PERSONAL PROTECTION ORDER?
The County Clerk or Circuit Court where you live can provide forms with step-by-step instructions on how to file for the stalking Personal Protection Order. This is also available under the “Forms” section of this website.
WHAT INFORMATION WILL I NEED TO FILE FOR A PERSONAL PROTECTION ORDER?
You will need information about the person to be restrained such as their name, address, date of birth, physical description, etc… If you have notarized written statements from witnesses and copies of supporting documents or materials from police, doctors, or social agencies, bring them with you.
In order to receive the protection you seek, you must follow the instructions you are given. If you fail to do even one of the required steps, the Order you get from the Court could be ineffective and you could remain unprotected.
IF YOU NEED MORE INFORMATION YOU MAY WISH TO ACCESS THE MICHIGAN CRIME VICTIMS ALLIANCE PPO SITE.