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Yes and no. Michigan now allows personal protection orders (PPOs) to be issued against a minor - someone under 18 years old. (See Forms CC 375M (PDF) and CC 377M (PDF).) 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.
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Anyone who has been physically, emotionally or sexually abused by a current or former spouse, a family member, a domestic partner, the other parent of your child, a current or former roommate, or a current or former person in a dating relationship. (This is called a "domestic PPO.")
Anyone who has been "stalked" - repeatedly harassed to the point of being terrorized, intimidated or threatened. (This is called a "stalking PPO.")
Yes and no. A minor cannot get the personal protection order (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.
A "do-it-yourself" personal protection order packet, containing instructions and all necessary forms, is available in the Eaton County Courthouse at:County Clerk's Office/Circuit Court Clerk's Office1045 Independence Boulevard1st Floor/2nd FloorCharlotte, MI 48813
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 (such as Eve, Inc. (End Violent Encounters) hold clinics to assist with personal protection order (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.
Assists victims of domestic violence and sexual assault in Barry and Eaton Counties with legal advice, and provides support through the criminal justice process. All services provided are free, including court accompaniment, referrals to community resources, assistance with PPOs, information and assistance on child custody and divorce. Read the Safe Place Victim Advocacy Program brochure (PDF).
Legal advocates and PPO advocates can only offer guidance and support, but cannot provide legal advice or representation.
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 personal protection order (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 personal protection order (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:
A copy of your motion and anything you attach to your request for the personal protection order (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 personal protection orders (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 personal protection order (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 (PDF) or CC 377 (PDF)). 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 personal protection order (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.
The following steps occur: