Getting a PPO

Yes and No. A minor cannot get the PPO in his or her own name. An adult must be appointed by the court as a "Next Friend" for a minor under 17 years of age (or a legally incapacitated person). An unemancipated minor cannot get a PPO against his/her parent.

Yes and No. Michigan now allows PPOs to be issued against a minor --- someone under 18 years old. [See Forms CC 375M and 377M.] But a parent cannot get a PPO issued against his/her own unemancipated minor child. Don't forget: many of the same "no contact" protections that you can receive through a PPO can be added as bond or probation conditions if the minor is prosecuted for assaultive, destructive, harassing or stalking behavior.

A "do-it-yourself" PPO packet, containing instructions and all necessary forms, is available in the Macomb County Courthouse, 40 N. Main, Mt. Clemens, MI 48043, at the County Clerk's Office (1st floor). [Here are directions and maps to the Macomb County Courthouse.]

The Circuit Court Clerk's staff are not lawyers, and are prohibited from giving legal advice on how to fill the forms out, what to include, etc. The staff cannot assist you beyond explaining internal procedures of the court. Some domestic violence organizations hold clinics to assist with PPO paperwork. Contact local women's shelters in your area or local legal aid organization to see if they provide this service. Your local Prosecuting Attorney may also be able to help review your papers, and may suggest additional information that you should include. In mid-Michigan, contact: Macomb County Circuit Court Macomb County Courthouse 40 North Main. Mt. Clemens, MI 48023 (586) 469-5243 Mon - Fri 8:00 am - 04:30 pm Macomb County Prosecuting Atty's Office Ass't Prosecuting Atty: PPO Specialist Macomb County Admin bld. , 3nd Floor 1 South Main. Mt. Clemens, MI 48023 (586) 469-5350 Call for an appointment

You will use several forms, depending on what you are trying to do and your relationship with the abuser. You can view the forms by visiting our PPO Forms Page

If you are in immediate danger, you may request an "ex-parte" order, which will take effect immediately 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 contained in your motion that you are in danger of immediate and irreparable injury, harm or damage (injury that cannot be repaired by a court order after the injury happens) if the PPO is not issued. "Ex-parte" PPOs do not require a court hearing, unless the defendant requests a hearing to modify or terminate the order. "Non-emergency" PPOs will require a hearing in front of the circuit court 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.

The facts that you include in the PPO application are very important. Tell the Judge what your relationship is with the respondent, and what has happened recently that makes you need a PPO ... in short, tell why you need to be protected. The forms give you very little room to include facts, but you can attach additional pages. Include detailed facts to support your need for a protection order.

If you can support the facts with evidence, do it! Attach:

• information or documents that support the facts --- police reports, medical records, reports from social agencies, photographs (of injuries or property destruction), affidavits or notarized written statements from witnesses to the events you describe in your motion, etc.
• proof of domestic relationship --- marriage license, child's birth certificate or affidavit of parentage, lease agreement, etc.
• court documents --- complaint for divorce, annulment or separate maintenance papers, divorce decree, custody orders, lease agreement, etc.
• descriptive information about the person to be restrained, such as name, home address, place of employment, date of birth, Social Security number, driver's license number, and physical description (hair color, eye color, height, weight, tattoos, scars, etc.).

A copy of your motion and anything you attach to your request for the PPO will be given to the person you want restrained. If you do not want to include your home address or phone number in these documents, tell the Court Clerk who assists you. She can help you fill out an edited version of the documents with that personal information deleted, which will be served on the defendant. However, you still must give the court a contact address so the Court can send notices to you.

No. "Non-domestic" relationship PPOs require clear facts proving "stalking", before a PPO can be issued (i.e., more than one incident or threats, harassment, etc.). "Domestic" relationship PPOs can be issued after a single incident.

A law enforcement officer or person licensed to carry a gun has no special protections against a PPO petition. NOTE: You must advise the Court if the person you are trying to restrain is a law enforcement officer or person who must carry a weapon as a condition of employment! Check the appropriate box in item #2 of either PPO Petition form (CC 375 or CC 377). As of July 1, 2000, a Respondent's employer must be notified immediately if a PPO is issued against a person who is identified in pleadings as a law enforcement officer! Also, the County concealed weapons licensing board must be notified if a PPO prohibits a Respondent from owning or purchasing firearms.

There is no filing fee for PPOs. However, the cost of serving a copy of the PPO on the restrained person (which is the petitioner's responsibility) may vary depending on who does it.

• Pick up a copy of the PPO packet and all other forms from the Macomb County Clerk's office, located on the 1st Floor of the Macomb County Courthouse, at 40 N. Main Street, Mt. Clemens, MI 48043.

OR

• Download the instructions and forms from this website.
• Fill out the appropriate PPO Petition forms.
• Make sure to re-read your forms and attachments. Are they complete? Do they fully and accurately tell the Judge what the respondent has done and why you need a PPO? If you are alleging that he or she is stalking you, do your facts prove the legal definition? Do the forms list all affected people who should be protected by the PPO (you, your children, your work location, etc.)?

THEN

1. Bring these completed documents to the Macomb County Circuit Court Clerk's office. If you downloaded the forms, make sure to make 4 copies of each document. A deputy clerk will look the papers over and assign a Judge and a case number.
2. If you are asking for an ex-parte (emergency) order, the clerk will bring the papers to the Judge's office. The Judge must personally review the papers. You may have to wait a while, depending on the Judge's court schedule that day.
3. If the Judge signs your ex-parte order, his staff will bring the paperwork back to the Clerk's office for filing. The Clerk will give you certified copies and will send one to the police department where you live. [If the Judge refuses to sign the Order, he will state his reasons in a memo in your file.]
4. It is now your responsibility to serve the respondent with a copy of your Complaint and Motion for a PPO, all documents supporting your request, and the Court's PPO order.