Michigan Temporary Restraining Order Laws

A temporary personal protection order (PPO) in Michigan is a legal tool that provides immediate relief to victims of domestic violence, sexual assault, and stalking by restricting the abuser’s actions. Victims can file a petition at a circuit court’s family division, with no charge, to obtain a PPO tailored to their specific needs.

Victims in Michigan face various types of abuse. Domestic violence is an ongoing cycle of threats, intimidation, and violence. Harassment, fear, and the specter of potential violence are always present for those being stalked. Sexual assault victims know horrors most can’t comprehend. Protection is often an immediate need.

Under Michigan law, victims can find help through a temporary civil restraining order. These personal protection orders (PPOs) can supply immediate relief from their abusers. Knowing which court order you need and how to get it is crucial for your well-being. This article will focus on explaining each available order and describing the process involved in getting a temporary personal protection order.

If you’d like an in-depth examination of domestic abuse, FindLaw’s article on Michigan Domestic Violence Laws has you covered. The Michigan Protective Orders Laws article gives an overview of personal protective orders that includes final and permanent orders.

Michigan Temporary Restraining Orders Laws: Types of PPOs

While Michigan personal protection orders all operate in much the same way, they aren’t quite the same. Orders vary by the offenses they protect against and the people involved. Let’s take a look at what each one covers before showing how to get the one you need.

Non-Domestic Personal Protection Orders for Sexual Assault

Non-domestic personal protection orders for sexual assault are designed to provide immediate relief to victims. Petitioners (victims) for this order don’t have a personal relationship with their abuser. If they do, a domestic relationship PPO is the order they require. This order is for victims who have experienced any of the following abuses:

• Being threatened with, subjected to, placed in reasonable apprehension of, or suffering sexual assault
• Sexual assault for which the abuser has been convicted
• Furnishing obscene material to a minor

Non-domestic sexual assault PPOs are designed to keep the victim away from their assailant. Provisions can include forbidding the respondent (assaulter) from:

• Having contact with the petitioner
• Following or approaching the petitioner
• Entering the petitioner’s home
• Threatening to sexually assault, kill, or cause a bodily injury the petitioner or another person
• Purchasing or possessing a firearm
• Interfering with the petitioner at their place of employment or education
• Contact the petitioner by phone, email, or social media
• Interfering with the petitioner’s personal freedom
• Causing the petitioner to have a reasonable fear of harm

The court can use some, all, or none of these conditions. They tailor the sexual assault PPO to the needs of the victim

Non-Domestic Personal Protection Orders

Non-domestic personal protection orders focus on protecting victims of stalking. This includes stalking, aggravated stalking, and cyberstalking. Common provisions in a stalking PPO include that the respondent (stalker) cannot do any of the following:

• Own or possess a firearm
• Post a message through electronic communications
• Stalk the petitioner in any manner, including:
  • Entering onto or remaining on property owned, leased, or occupied by the petitioner
  • Sending mail or other communications to the petitioner
  • Contacting the petitioner by using their telephone number
  • Placing an object on or delivering an object to property owned, leased, or occupied by the petitioner
  • Following or appearing within sight of the petitioner
  • Appearing at the workplace or the residence of the petitioner
  • Approaching or confronting the petitioner in a public place or on private property
• Threaten to injure or kill the petitioner

An abuser does not have to be charged or convicted for a petitioner (victim) to file for a non-domestic personal protective order for stalking. Petitioners can also choose to hide their address when filing for the order.

Michigan Domestic Relationship Personal Protection Order (PPO)

Michigan domestic relationship PPOs offer protection and more to victims of domestic violence. These offenses occur when people who share certain relationships have specific abusive crimes happen between them. If you’re uncertain if you’re a victim of domestic violence, FindLaw’s Michigan Domestic Violence Laws article provides a detailed explanation to make it clearer.

The state of Michigan considers domestic violence a crime when family and household members commit abusive acts. While often involving physical abuse, domestic abuse comes in many different forms.

Given the close personal relationships involved, the provisions cover more than keeping the abuser and victim apart. A domestic relationship PPO can cover many issues, such as:

• Forbidding the respondent (abuser) from committing stalking or aggravated stalking
• Forbidding the respondent from purchasing or possessing a firearm
• Forbidding the respondent from entering the premises of the petitioner (victim)
• Forbidding the respondent from threatening to kill or injure the petitioner or a named individual
• Forbidding the respondent from attacking, assaulting, beating, molesting, causing a serious injury, or wounding the petitioner or a named individual
• Forbidding the respondent from taking or harming any shared domestic animals
• Assigning temporary child custody, child support, and parenting time
• Forbidding the respondent from preventing the petitioner from retrieving children or personal items
• Forbidding the respondent from showing up or harassing the petitioner at their workplace, home, or school
• Forbidding the respondent from being in the same school as the petitioner if both are minors

Each domestic relationship PPO is crafted to the specific needs of the victim. For example, if the people involved don’t have minor children, then child custody conditions aren’t necessary. A police report is not necessary to apply for a domestic relationship PPO.

Michigan Temporary Restraining Orders Laws: Getting a Personal Protective Order

Getting a temporary personal protection order in Michigan is the same regardless of the order. It begins with filing out and filing a petition. Forms are available at the clerk’s office in the family division of all Michigan circuit courts. They’re also available online. Make sure you fill out the correct one:

• Non-domestic personal protection order for sexual assault
• Non-domestic personal protection order (stalking)
• Domestic relationship personal protection order

Having a domestic violence and sexual violence advocate help you with filing a petition is a great idea. Their experience is an invaluable asset. Make sure to provide as many details about the abuse suffered as possible. You need to convince the court that you’re in danger and need immediate protection.

There’s no charge for filing a PPO petition. The court clerk takes the petition to a judge, who may have additional questions for you or require you to give oral notice about an issue. If the judge agrees that the respondent (abuser) is a present danger, the court issues a temporary ex parte order. Ex parte means the court doesn’t contact the respondent before issuance.

The temporary personal protection order goes into effect when the judge signs it. It’s enforceable once the respondent is served with a copy of the order and there’s proof of service. As the petitioner, you shouldn’t serve the order. Law enforcement will often serve the respondent. Some counties may charge for this.

The temporary PPO lasts up to 182 days. if the respondent chooses to oppose the order, a full court hearing is scheduled between five to 14 days after the request. The ensuing process is discussed in FindLaw’s Michigan Protection Orders Laws article.

Federal law ensures that all PPOs issued in Michigan are honored anywhere in the U.S., including territories and tribal reservations. This includes tribal reservations and U.S. territories. Keep a copy of the order with you at all times. If you travel and are going to be in one place for an extended period, it’s a good idea to give a copy of your PPO to local law enforcement if you think your abuser may show up.

Michigan Temporary Restraining Orders Laws: Violation Penalties

Temporary personal protection orders have the same violation penalties as final and permanent orders do. Violations are considered criminal contempt of court and are subject to the following penalties:

• A fine of up to $500
• Up to 93 days in jail

Each criminal act committed during a violation is considered a separate contempt of court offense. Violators also face sentencing for the crimes committed during the violation. Police can arrest a respondent if they have good cause to believe they violated a PPO.

Michigan Temporary Restraining Orders Laws: Recap

When you need protection from an abuser in a hurry, a Michigan temporary personal protection order is a great option. The table below summarizes the temporary restraining orders under Michigan state law and provides links to their codes.

Michigan Temporary Restraining Orders Laws: Additional Resources

• National Domestic Violence Hotline: 1-800-799-SAFE (7233)
• Domestic Violence Awareness – Michigan State Police
• Michigan Coalition to End Domestic & Sexual Violence
• Michigan Domestic Violence Laws
• Filing a Michigan PPO Online – Michigan Poverty Law Program

Need Help With Michigan Temporary Restraining Orders? Talk to an Attorney

Getting a temporary restraining order can sometimes get complicated. If you’re having issues, meeting with a Michigan domestic violence or family law attorney is a good idea. Getting legal help from an expert is a great idea.