How to File for a PPO
Step 1: Obtain the Proper Forms
Go to the St. Clair County PPO Office to obtain and file the petition (also
available at the bottom of this page) as soon as possible after the need occurs.
You can obtain a petition during normal business hours, Monday through Friday.
At the courthouse, tell the clerk of court that you want to file a petition for
a personal protection order. Let the clerk know whether you are filing for a
domestic relationship PPO or a
non-domestic stalking PPO. The
clerk will be able to explain the difference. If you need an order in place
immediately because of extreme danger, then you can request an
Ex Parte Order. An Ex
Parte Order is a request for an immediate order by a judge, meaning there is no
time for a hearing. When you have finished filling out this type of request, you
can submit it to any Circuit Court in Michigan at no charge.
Step 2: Bring the following information about the Respondent, if you have it:
- addresses of residence and employment
- date of birth, height, weight, eye color
- a description and plate number of the Respondent’s car
- any police reports, or other supporting documents you may have
Step 3: Complete the Forms and Attach Documentation
The required forms are available at the bottom of this page, or you may retrieve
them from the Circuit Court Family Division Office (PPO Office). On the
complaint for personal protection petition form you will be the "Petitioner" and
the person sought to be restrained will be the "Respondent." Write about the
most recent incidents of assault, threatening behavior or stalking events. Use
descriptive language to describe the actions and events that support your need
for protection. Be specific by including details and dates if possible.
You will want to attach any police reports to this form. Also include any copies
of divorce, annulment, separation or custody orders if applicable. Statements
from witnesses and any other supporting documents you may have should be
included as well. It will also be important to write any previous court action
you have taken against the abuser, including any criminal cases involving the
Respondent. The judge will consider all such material in making his/her
decision. You will need three copies of each of these items to be included with
the petition when and if an order is signed by a judge.
Once you have completed your paperwork, return it to the clerk. A clerk will
look the forms over and assign your case. This process can take up to several
hours.
There is no minimum information requirement for requesting a PPO. Once you have
included all the information you have and submitted the paperwork to the PPO
clerk, they will submit the petition to the judge. It is up to the judge to make
the final decision. If you have any issues in regards to submitting your
petition to the judge, please contact the Circuit Court Family Division
Administrator.
Step 4: After Submitting a Petition
“Non-emergency” PPOs will require a hearing in front of a Circuit Court Family
Division judge before the PPO will be issued. At this hearing, the judge will
listen to testimony by witnesses regarding what has happened that necessitates a
PPO.
If you are in immediate danger, you may request an Ex Parte order, which will
take effect immediately upon the judge’s signature without a hearing and without
advanced notice to the other party. If you want an
Ex Parte Order, you must convince the judge with SPECIFIC facts in your
motion that you are in danger of immediate and irreparable injury, harm, or
damage if the PPO is not issued. It is important that you are clear and specific
in the text of your motion, and that you supply any supporting documentation as
you will not have the opportunity to do so at a hearing.
If the judge grants an emergency PPO, the court clerk will give you 2 copies of
the order. Review the order before you leave the
courthouse to make sure that the information is correct.
Be sure to keep your PPO with you at all times. You may want to keep
copies in your car and at your workplace.
The emergency domestic relationship PPO is enforceable anywhere in Michigan as
soon as it is signed by a judge, although no arrest can occur until the
Respondent has been served (see step 5). If you have any questions about this
process please call the St. Clair County Victim’s Rights office at (810)
985-2301.
If the judge denies your request for a PPO, the court must state in writing, or
on the record at a hearing, specific reasons it refuses to issue the order.
Step 5: Service of PPO
The Respondent must be "served," and given papers that tell him/her about the
PPO. The clerk will send the signed order to the police to be entered into the
LEIN system. The clerk will give you instructions on how to get the paperwork
served. The respondent can be served by certified mail, by an adult other than
you, or by a professional process server. For your safety, do not try to serve
the papers on the abuser yourself.
Step 6: Hearing Contesting the Order
The Respondent may request a hearing to contest the PPO within 14 days of
him/her being served. If such a hearing is requested, the judge will set a
hearing date within 14 days of the request. In most cases, you will not have a
hearing unless the Respondent requests one.
You must go to the hearing, if the Respondent requests one. If you do not go to
the hearing, a judge may rescind your Ex Parte PPO. If you do not show up at the
hearing, it may be harder for you to get another PPO in the future.
If the Respondent requested a hearing, but does not show up, the judge may
continue with the hearing without the abuser or s/he may order a new hearing
date.
Step 7: Preparing for a Hearing (when an Ex Parte is not
needed)
As the Petitioner requesting a
domestic relationship personal protection order, you must do the following:
- Demonstrate that there is reasonable cause that there is an immediate threat
that the Respondent may commit acts of Domestic Violence, Intimidation,
Custodial Interference, and/or Stalking.
- Convince a judge that you need protection and the specific things you asked for
in the petition.
For additional information on the court hearing please contact the Victim’s
Rights Office.
To view a video of how to obtain a PPO please visit
http://courts.michigan.gov/education/mji/
and click on Web Based Training on the left hand side, create an account as a
guest, then you can view the PPO video.
ALWAYS CARRY A COPY OF YOUR PPO SO THAT A POLICE OFFICER CAN QUICKLY
CONFIRM THE TERMS OF THE ORDER IF THE RESPONDENT COMMITS A VIOLATION
PPO Forms
Contact Information
St. Clair County Prosecuting Attorney
201 McMorran Blvd., Suite 3300
Port Huron, MI 48060
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Photos courtesy of the Port Huron Times Herald and St. Clair County Sheriff's Department
