Personal Protection Orders
Personal Protection Orders, or PPOs, are civil orders issued by the Family Division of the Circuit Court and are intended to be used as part of a safety plan for victims of domestic violence, sexual assault or stalking. PPOs help victims establish boundaries and provide consequences for perpetrators who violate the PPO. Penalties for violating a PPO can include up to 93 days in jail and/or up to a $500 fine.
PPOs are not designed to evict a person in a landlord/tenant relationship, establish custody or parenting time, or mediate neighbor disputes.
Currently, the Leelanau County Prosecutor’s Office has a STOP Grant Legal Assistant available on a part time basis to assist victims of domestic violence, sexual assault or stalking with the process of obtaining and enforcing a PPO. This service is provided by funding received through the STOP Violence Against Women Formula Grant Program. The STOP Grant Legal Assistant is not a lawyer and cannot offer legal advice. She can help victims sort through the pros and cons of requesting a PPO, explain the forms and court rules, provide courtroom orientations and moral support during PPO hearings, help create a personal safety plan and identify helpful community resources. If you are a victim of domestic violence, sexual assault or stalking and want more information about PPOs please call our office and talk with the STOP Grant Legal Assistant.
Victims may also receive assistance with PPOs through the Women’s Resource Center. http://www.womensresourcecenter.org/.
Additional Considerations and PPO Forms
In PPO matters, the person seeking protection is called the Petitioner and the person to be restrained is called the Respondent. It may be necessary to attend a hearing for your PPO. A PPO can be issued either after a hearing or without a hearing if certain safety concerns exist. If the PPO is issued without a hearing, the Respondent has the right to request a hearing to terminate or modify the PPO. There may also be a hearing if the PPO is violated at any point.
PPOs become public record and can be released to other parties upon proper request.
Before completing the PPO forms the Petitioner will need to know the name, date of birth or age, and address of the Respondent and case numbers for any existing court orders/judgments or pending court actions involving the parties. A truthful, written statement should be prepared describing what has happened to cause the Petitioner to seek a protective order. Supporting documents such as police reports, photos, texts, e-mails, or witness statements may be attached but are not required. Court Rules determine how and when the Respondent must be served with a Petition and/or PPO.
A Petitioner may file a Confidential Address Form with the court if it does not seem safe to include his or her contact information on the PPO forms.
PPOs are classified in different ways depending upon the relationship between the parties and what type of protection is being sought. The forms include both a Petition and an Order for each type. Click on the links below to access the forms.
A Domestic Relationship is one in which the Petitioner and Respondent are or were married, have a child(ren) in common, have a current or former dating relationship, or reside or have resided together in the same household. Choose this type of PPO if any of these apply.
Petition for Personal Protection Order (Domestic Relationship) SCAO form CC 375
Personal Protection Order (Domestic Relationship) SCAO form CC 376
If there is no Domestic Relationship between the parties then choose the Non-Domestic Relationship PPO. If you want to prohibit stalking, you must detail two or more separate instances of harassment (unconsented contact) that caused you to feel terrorized, frightened, intimidated, threatened, harassed, or molested.
Petition for Personal Protection Order (Nondomestic) SCAO form CC 377 http://www.courts.mi.gov/Administration/SCAO/Forms/courtforms/personalprotectionorders/cc377.pdf.
Personal Protection Order (Nondomestic) SCAO form CC 380
If you are a Victim of, or have been threatened with, Sexual Assault, and do not have a domestic relationship with the Respondent, use the Sexual Assault- Non-Domestic forms.
Petition for Personal Protection Order (Nondomestic Sexual Assault) SCAO form CC 395 http://www.courts.mi.gov/Administration/SCAO/Forms/courtforms/personalprotectionorders/cc395.pdf.
Personal Protection Order (Nondomestic Sexual Assault) SCAO form CC 396 http://www.courts.mi.gov/Administration/SCAO/Forms/courtforms/personalprotectionorders/cc396.pdf.