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Personal Protection - Self HelpThe following information will take you through the steps necessary in a personal protection matter. In order to receive the protection you seek, you must follow the instructions. If you fail to follow the required steps, the order you get from the court could be ineffective and you could remain unprotected. The instructions in this Self-Help Center apply generally to all the circuit courts, but there can be differences in local practice. For example, some courts will provide more help or will complete portions of the forms for you. You should contact the court where you intend to file your petition for information about these local practices. To access any of the necessary forms, simply click on the form number.
To access any of the topics, simply click on the topics. Statutes and Court RulesStatutes and court rules associated with personal protection proceedings are: MCL 600.2950, 600.2950a, and 600.2950b through 600.2950m and MCR 3.701 through 3.709 >>.Using Court FormsCourt forms are available for use in personal protection proceedings. These forms follow the procedures stated in the Michigan Compiled Laws and Michigan Court Rules and can be used without the assistance of an attorney. See details on how to find legal information >>. When using forms, you are required to provide the total number of copies for use by the court, the parties, and any other person or organization that must receive the form. See the upper-right hand corner of each form to determine the mandatory number of copies and who must receive those copies. When completing a form on-line, you must print the number of copies you will need for filing with the court and service on the parties. Otherwise, you will have to photocopy the proper number of copies before filing the form with the court. If you do not provide the court with the correct number of copies, the court might reject the form for nonconformance under the authority of Michigan Court Rule 8.119(C). Unless specifically required by court rule or statute, the court is not responsible for making copies of forms for you. Depending on your situation, there are different petition and order forms. Select the forms you need from the list below. The instructions with the forms will help you decide what forms you need. Instructions for completing and processing a form are provided with each form and can be read online. Make sure you read all the instructions and follow them carefully. Although forms are available for use in personal protection proceedings against a minor (someone under age 18), only the forms for use in proceedings against adults are included in this Self-Help Center. Instructions for Personal Protection Orders, P-02 (booklet) How to Begin a Personal Protection ActionTo start the action, you (the petitioner) must file a "petition form" with the county clerk of the circuit court. You can go to any county clerk's office and ask for a personal protection order packet, or you can get the forms you need from this Self-Help Center. Instructions for completing the forms are provided. If you are in immediate danger, make sure you ask the court for an "ex parte" order by checking the "ex parte" box on the form. Then fill out the "order form." "Ex parte" means the order is entered without a hearing and without rior notice to the other person. Your petition (and the order if you ask for an "ex parte" order) can be filed in the circuit court of any county in Michigan. There is no cost for filing the petition; however, there will be a cost for serving the petition and order (postage or process service fees) on the person you want restrained (respondent). Ask the court for this information and be sure to bring this amount with you when you file your petition. Some of the things you may need before you fill out the petition include: a copy of your complaint for divorce, annulment, or separate maintenance; copies of custody orders if there are any; and the cost of serving papers on the restrained person. If you have notarized written statements from witnesses and copies of supporting documents or materials from police, doctors, or social agencies, bring at least three copies of each with you when you file your petition with the court. This information may be important to the judge in making a decision but is not necessary for the judge to enter an order. You must have basic information about the respondent (the person to be restrained), such as name, address, place of employment, date of birth, physical description, etc., or the court cannot issue an order. At a minimum, you must have the name, race, sex, and date of birth of the respondent. When a Hearing is RequiredA hearing is required on your petition for personal protection if you do not request an "ex parte" order, or if the judge will not sign an "ex parte" order. If a hearing is required, you must complete the Notice of Hearing, form CC 381. Ask the county clerk for a hearing date and follow the instructions on the form. See general information about hearings. >>When an Order is SignedIf you asked for an "ex parte" order, the county clerk will
tell you what you need to do to get the order signed and where and when
to pick up the signed order. If a hearing is required, you will be provided
with the signed order after the hearing. Serving the Petition and OrderBy law, you must serve the petition and order on the respondent, even though the order is effective without service as soon as it is signed. Follow the instructions on the form to make sure you serve the court papers in the required way. If you do not serve the respondent with a copy of the order, you may have trouble getting local law enforcement to enforce the order by arresting the respondent.If You are Served with or Notified of an OrderIf you are served with or notified of a personal protection order against you, you must obey the order. If you don't obey the order, you can be arrested for violating the order, or the petitioner can file a motion to order you into court to explain why you shouldn't be held in contempt for violating the order. If you are found guilty of violating a personal protection order in Michigan, you will be sentenced to spend up to 93 days in jail and may be fined up to $500.00. Enforcing the OrderA personal protection order is enforceable anywhere in Michigan by any law enforcement agency as soon as it is signed by the judge. It can also be enforced by another state, Indian tribe, or territory of the United States once it is served on the respondent. If the respondent violates a personal protection order anywhere in Michigan and the respondent has been notified of the order, either orally or by formal service, law enforcement can arrest the respondent, or you can file a motion for a court hearing concerning a violation of the order. If the respondent is arrested, the court will set a date, time, and place for a hearing on the charges against the respondent to be held within 72 hours after the arrest. The court or prosecutor is responsible for giving you notice of this hearing. If you are not notified within 24 hours of the arrest, contact the court. If a hearing is not held within 72 hours, the respondent may be released from jail after posting bond until the hearing is held. If the respondent is not arrested and you believe the respondent violated the order, you can file a motion to show cause, form CC 382. Follow the instructions on the form. You cannot file a motion to show cause for violating a personal protection order until you have proof that the respondent was served with or notified of the order. If the respondent violates a personal protection order in some place other than Michigan, the respondent is subject to the enforcement remedies and penalties of that other state, Indian tribe, or territory. Modifying, Extending, or Terminating the OrderYou have the right to file a motion to modify, extend, or terminate the order, form CC 379. A court hearing is required to modify or terminate the order. Ask the county clerk for a hearing date and follow the instructions on the form. |
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