5.14Issuing a PPO in Domestic Relations Proceedings

MCL 552.14 and MCR 3.207 specifically authorize courts to issue PPOs incident to domestic relations proceedings. For a discussion of procedures related to issuing PPOs, see Section 5.7.

On a party’s motion, the court may issue a PPO “at any time after the filing of a complaint in an action to annul a marriage or for a divorce or separate maintenance[.]” MCL 552.14(1).

The court may also issue a PPO on a party’s motion “before or at the time of a judgment of divorce, order for separate maintenance, or decree of annulment, regardless of whether a [PPO] [was] issued under [MCL 552.14(1)][.]” MCL 552.14(2).

When issuing a PPO in a domestic relations proceeding, the court should do so “as provided in subchapter 3.700 [of the Michigan Court Rules].” MCR 3.207(A).

Note that “[a] [PPO] takes precedence over any existing custody or parenting time order until the [PPO] has expired, or the court having jurisdiction over the custody or parenting time order modifies the custody or parenting time order to accommodate the conditions of the [PPO].” MCR 3.706(C)(3).