Personal Protection Orders

What is a Personal Protection Order?
Requirements of Stalking Statute
Your legal obligations in filing for a Personal Protection Order
Requirements for Service of Personal Protection Orders
Which Petition for Personal Protection Order do I need to fill out?
Instructions on completing Personal Protection Forms
Personal Protection Forms

What is a Personal Protection Order?

A personal protection action involves seeking an order from the Court to protect you from harassment, assault, beating, molesting, wounding or stalking by another person. The person filing for the order is called the petitioner and the person whom you are filing the petition against is called the respondent. There is no filing fee to file for a Personal Protection Order. Generally, there are four types of Petitions for Personal Protection Orders:

  • Petition for Personal Protection Order (Domestic Relationship)
  • Petition for Personal Protection Order (Non Domestic Relationship)
  • Petition for Personal Protection Order Against a Minor (Domestic Relationship)
  • Petition for Personal Protection Order Against Stalking by a Minor (Non Domestic Relationship)

Requirements of Stalking Statute

In order to obtain a Personal Protection Order which restrains a person from stalking you, you must meet the requirements of the Michigan statute.

MCL §750.411h describes stalking as follows:
A willful course of conduct involving repeated (two or more) or continuing harassment or unconsented contact of another individual that would cause a reasonable person to suffer emotional distress and would further cause a reasonable person to feel terrorized, frightened, intimidated, threatened, harassed or molested and that actually cause the victim to feel terrorized, frightened, intimidated, threatened, harassed or molested.

The elements of stalking require:

  1. Two or more willful acts
  2. Of continuing harassment or uncontested contact
  3. That would cause a reasonable individual to suffer emotional distress
  4. That actually cause the victim to suffer emotional distress
  5. That would further cause a reasonable person to feel terrorized, frightened, intimidated, threatened, harassed or molested
  6. That actually causes the victim to feel terrorized, frightened, intimidated, threatened, harassed or molested

All of these elements must be present for you to qualify for a Personal Protection Order to restrain stalking.

Your legal obligations in filing for a Personal Protection Order

You assume certain legal obligations when you apply for a Personal Protection Order. Meeting these obligations is essential for the success for your order and for you and/or your children's safety. The following is a list of your obligations as the Petitioner:

  1. You must avoid contact with respondent. By beginning this court proceeding, you must comply with the order by not contacting the respondent. Since the Court issued your Personal Protection Order, the order (although not expressly stated) prohibits you from allowing or giving permission to the respondent to engage in behaviors that the judge has ordered not to occur. If you need to have the order changed or terminated, you must file the appropriate motion requesting the court to do so.
  2. You must serve the respondent. Service may be completed by one of the following:
    • Personal Service: You cannot serve the respondent yourself. A process server or someone you trust, such as a friend or relative, over the age of 18, must complete service, or
    • Certified mail, restricted delivery to the respondent only

    Note: The respondent will receive a letter from the Michigan State Police stating that s/he cannot get a license to purchase a pistol nor a license to carry a concealed weapon. This letter is sent even if the respondent is not served.

  3. You must file the proof of service form with the County Clerk. Whoever serves the Personal Protection Order must file the proof of service with the Court.
  4. You must carry a certified copy of the Personal Protection Order with you at all times. If you call the police, but the respondent has not been served, the police can use your copy to serve the respondent at the scene.
  5. You must be truthful in all statements you make to the Court. An individual who knowingly and intentionally makes a false statement to the Court in support of his or her petition is subject to contempt sanctions. An individual who alters the Court's order is also subject to contempt sanctions.

Requirements for Service of Personal Protection Orders

The respondent must be served in one of the following ways:

  1. Certified mail, restricted delivery to the respondent only
  2. Personal service by a third party over the age of 18 years old (petitioner cannot serve respondent)
  3. A process server

After service has been made, the proof of service must be completed and returned to the Clerk's Office. If the respondent is served by certified mail then you must attach the green card which has been signed by the respondent.

Which Petition for Personal Protection Order do I need to fill out?

If the person you want restrained is over the age of 18 years

You will need to complete the Petition for Personal Protection Order (Domestic Relationship) if the person you want restrained is older than 18 years of age and one of the following circumstances exist:

  1. If you are married to the person you want restrained or
  2. If you are not married to the person you want restrained but you live with or have lived with him or her or
  3. If you and the person you want restrained have a child in common even if you were never married to one another or never lived together or
  4. If you and the person you want restrained have or had a dating relationship

If none of the above listed factors apply and the person you want restrained is older than 18 years of age then please complete the Petition for Personal Protection Order Against Stalking (Non Domestic Relationship).

If the person you want restrained is under the age of 18 years

You will need to complete the Petition for Personal Protection Order Against Minor (Domestic Relationship) if the person you want restrained is younger than 18 years of age and one of the following circumstances exist:

  1. If you live with or have lived with person you want restrained and that person is not your unemancipated minor child or
  2. If you and the person you want restrained have a child in common even if you were never married to one another or never lived together or
  3. If you and the person you want restrained have or had a dating relationship

If none of the above listed factors apply and the person you want restrained is younger than 18 years of age then please complete the Petition for Personal Protection Order Against Stalking by a Minor (Non Domestic Relationship).

If you are filing for a Personal Protection Order and you (Petitioner) are under the age of 18 years

You will need to complete the Petition and Order for Appointment of Next Friend and Consent by Minor to Appoint Next Friend in addition to the appropriate Petition for Personal Protection Order.

Instructions on completing Personal Protection Forms

Personal Protection Forms:

Petition for Personal Protection Order Against Stalking and Order (Non Domestic Relationship)

After you have completed all of the required forms, you will need to file these documents with the Circuit Court Records Division of the Clerk's Office.

If you have questions, please contact Circuit Court Records for assistance at (616) 846-8315 or come into the office during regularly scheduled business hours.

Petition and Order for Appointment of Next Friend and Consent by Minor to Appoint Next Friend
(These forms must be completed if petitioner is under the age of 18 years).

Petition for Personal Protection Order and Order (Domestic Relationship)

After you have completed all of the required forms, you will need to file these documents with the Circuit Court Records Division of the Clerk's Office.

If you have questions, please contact Circuit Court Records for assistance at (616) 846-8315 or come into the office during regularly scheduled business hours.

Petition and Order for Appointment of Next Friend and Consent by Minor to Appoint Next Friend
(These forms must be completed if petitioner is under the age of 18 years).

Petition for Personal Protection Order Against Stalking by a Minor and Order (Non Domestic Relationship)

After you have completed all of the required forms, you will need to file these documents with the Circuit Court Records Division of the Clerk's Office.

If you have questions, please contact Circuit Court Records for assistance at (616) 846-8315 or come into the office during regularly scheduled business hours.

Petition and Order for Appointment of Next Friend and Consent by Minor to Appoint Next Friend
(These forms must be completed if petitioner is under the age of 18 years).

Petition for Personal Protection Order Against Minor and Order (Domestic Relationship)

After you have completed all of the required forms, you will need to file these documents with the Circuit Court Records Division of the Clerk's Office.

If you have questions, please contact Circuit Court Records for assistance at (616) 846-8315 or come into the office during regularly scheduled business hours.

Petition and Order for Appointment of Next Friend and Consent by Minor to Appoint Next Friend
(These forms must be completed if petitioner is under the age of 18 years).

Motion to Modify, Extend or Terminate Personal Protection Order

Motion and Order to Dismiss Action for Personal Protection Order