There are two types of personal protection orders. One is issued only after the other person has been notified that you have filed for a restraining order and after a court hearing has been held. The other type is issued without notifying the other person and with no court hearing. This is called an ex parte order.
To get a personal protection order (PPO) go the the county clerk's office or the circuit court where you live and ask for a "do-it-yourself" personal protection order packet. The packet will provide the forms you will need and instructions on how to fill out the forms. If you are in immediate danger, ask the court for an "ex parte" order and check the "ex parte" box on the form.
Isn't it a crime for someone to assualt me or threaten to assualt me? So why do I need this order?
Yes, it is a crime in Michigan for someone to assualt or threaten another person. Michigan law provides protection to persons who have a domestic relationship or those who are being harassed or stalked by another person by allowing you to file a PPO.
Will the PPO 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 immediatley be entered into the Law Enforcement Information Network (LEIN).
Do I need an attorney? No, these forms will allow you to file for a PPO yourself.
Can I get a PPO 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 PPO? The county clerk or circuit court where you live can provide forms with step-by-step instructions on how to file for a stalking PPO.
What information will I need to file for a PPO? Some of the things you may need before you fill out the forms inlcude: a copy of your complaint for divorce, annulment, or separate maintenance; copies of custody orders if there are any; and the costs of serving papers on the restrained person. (The cost for personal service may vary from county to county.)
You will also need information about the person to be restrained such as name, address, place of employment, date of birth, physical description, etc. If you have notarized written statements from witnesses and copies of suporting documents or materials from police, doctors, or social agencies, bring them with you. The court will provide you with the necessary forms to fill out.
(Note: By using the do-it-yourself PPO you are choosing to represent yourself in a court action.)
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.
While the first step in filling a PPO is the County Clerk's Office, the employees in this office are forbidden from giving legal advise. A good place to start is the Michigan Crime Victims Alliance PPO site or the Community Dispute Resolution Program site for non-domestic matters. Both links are below.