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Personal Protection Orders

• What is a Personal Protection Order?
• Legal Obligations in Filing for a Personal Protection Order
• Types of Personal Protection Orders
• If Petitioner is a Minor
• Additional Personal Protection Forms

What is a Personal Protection Order (PPO)?

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.

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:

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

Legal Obligations in Filing for a PPO

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:

• 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.
• 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
• 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.
• 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.
• 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.

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.

Types of Personal Protection Orders

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 a Minor (Non Domestic Relationship)
• Petition for Personal Protection Order (Non-Domestic Sexual Assault)

Petition for Personal Protection Order (Domestic Relationship)

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

• If you are married to the person you want restrained or
• If you are not married to the person you want restrained but you live with or have lived with him or her or
• 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
• If you and the person you want restrained have or had a dating relationship

Petition for Personal Protection Order (Non Domestic 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 (Non Domestic Relationship).

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

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

• If you live with or have lived with person you want restrained and that person is not your unemancipated minor child or
• 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
• If you and the person you want restrained have or had a dating relationship

Petition for Personal Protection Order Against a Minor (Non Domestic 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 a Minor (Non Domestic Relationship).

The Petition for Personal Protection Order (Non-Domestic Sexual Assault)

The Petition for Personal Protection Order (Non-Domestic Sexual Assault) is if the person you want restrained is older than 18 years of age and one of the following circumstances exist:

• If the person has previously been convicted of a sexual assault against you, or
• If the person subjected you to, threatened you with, or placed you in reasonable apprehension of sexual assault, or
• If the person previously has been convicted of furnishing you, or a minor, with obscene material, or
• If the person furnished you, or a minor, with obscene material

If Petitioner is a Minor

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

Additional Personal Protection Forms:

• Instructions on completing Personal Protection Forms
• Motion to Modify, Extend or Terminate Personal Protection Order
• Motion and Order to Dismiss Action for Personal Protection Order

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 Clerk's Office for assistance at (616) 846-8315 or come into the office during regularly scheduled business hours.

Main Office

Other Locations

Grand Haven
414 Washington Ave, Rm 320
Grand Haven, MI 49417
Phone: (616) 846-8345
Fax: (616) 846-8138
Fax Filing: (616) 846-8147
Monday - Friday:
8am-12pm & 1pm-5pm*

Holland
12251 James Street
Holland, MI 49424
Phone: (616) 494-5566
Fax: (616) 494-5495
Monday - Friday:
8am-11:30am & 12:30-5pm*

Hudsonville
3100 Port Sheldon Road
Hudsonville, MI 49426
Phone: (616) 662-6085
Tuesday: 8:00am-12:00pm*

*Special Notices & Closings

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