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Under the Michigan court rules, a minor or legally incapacitated person must bring their personal protection action through an adult who is not disqualified by law. You do this by requesting in your petition that the Court appoint a "next friend" for you, such as a parent or legal guardian.
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In a Personal Protection Order (PPO), the court orders an individual to stop threats or violence against you. According to the court rules, the proceeding to obtain an order is called a "personal protection action." The following describes the two types of PPOs:
(1) Domestic PPO - when the person you want protection from is:
(2) Stalking PPO - when the person you want protection from has engaged in a pattern of two or more non-continuous acts, without your consent, that make you feel threatened, harassed, frightened, or molested.
Note: you may not get either type of PPO against your minor child. Likewise, a minor child cannot obtain a PPO against a biological parent.
Forms can be picked up from the PPO Assistance Office, located on the first floor of the Macomb County Circuit Court building at 40 North Main Street, in downtown Mt. Clemens. The PPO Assistance Office is open from 8 am to noon and 1 pm to 4 pm on court business days. This service is free and available to anyone. An advocate is available to explain how to fill out the forms and answer questions. Once all the forms are completed, you must file them in the Circuit Court Clerk's Office on the 1st floor of the Court building. You may also call the PPO Assistance Office at 586-469-7494.
If you fear immediate injury or irreparable harm if you have to wait for a hearing on the PPO, check the "ex parte" box. By court rule, the judge assigned to your personal protection action has twenty-four hours to review the information you have provided and grant or deny an ex parte PPO request. Once it has been decided, the paperwork should either be picked up by you after 3 pm the next court day or it can be mailed to you.
Personal Protection Orders are public record and thus, anyone can access your petition at the courthouse.
If your request for an ex parte order is denied and you wish to have the judge consider it in court, you have the right to request a hearing before the judge. In order to request such a hearing, you must file a "Motion to Enter" within twenty-one days of the date that your PPO was denied. Motion forms are available in the PPO Office.
The PPO forms ask for important information that the Court needs before it can issue a PPO. Please fill out the forms legibly and completely. Also, you may attach supporting documents to the forms.
Once signed by a judge, the PPO is effective and enforceable anywhere in Michigan. Without notice of the PPO, the respondent will have an opportunity to comply with the order before an officer will make an arrest. Upon service of the order, it may also be enforced by another state, Indian tribe, or a territory of the United States.
If the PPO is violated:
The respondent must come to court after being arrested or after you file and serve the "Motion to Show Cause." The Prosecutor's Office will try to have an Assistant Prosecuting Attorney to assist you during your hearing. The court has the discretion to jail the respondent for up to ninety-three days and/or impose a fine of up to $500.
In order to change or terminate the PPO, you must file a "Motion to Modify, Extend, or Terminate" and a hearing will be set so that the court can consider your request.
In order to extend the PPO, you must file a "Motion to Extend" three court business days before the PPO expires.