Restraining Orders

You may be eligible to file a domestic relationship PPO against:

• your current or former spouse;
• someone with whom you have a child in common;
• someone you are dating or used to date; or
• anyone who lives in your home or has lived in your home.¹

If you do not qualify for a domestic relationship PPO, you may qualify for non-domestic stalking personal protection orders or a non-domestic sexual assault personal protection order.

If your children are being abused, you should know that:

• Unemancipated children are not eligible to file for a domestic relationship PPO against a parent.²
• A minor can file for a domestic relationship PPO with the help of a “next friend,” an adult who can file on behalf of the minor.³
• If your child is experiencing abuse but you do not qualify for a domestic relationship PPO, you may want to consider speaking with an advocate at your local domestic violence organization and/or talking to a lawyer to understand all options that may be available to you. Go to our MI Finding a Lawyer page for legal referrals.

¹ MCL § 600.2950(1)
² MCL § 600.2950(27)(b)
³ MCR 3.703(F)(1)

If you are a minor, under 18¹, you can get a PPO with the assistance of a “next friend.” The “next friend” can be a parent or other trusted adult over the age of 18 who will file for the PPO on your behalf. If you are between the ages of 14 - 17, you may be able to appoint a “next friend” to file on your behalf. If you are 13 or younger, then the court will appoint a “next friend” for you.² However, you cannot get a domestic relationship PPO against your parent unless you are emancipated.³

You may want to contact the clerk of court in your area or a local domestic violence organization for more information on getting a personal protection order as a minor. Depending on the county, the process or the forms may be different, but the law is the same. For a list of local organizations in your area, please go to MI Advocates and Shelters page. For a list of courthouses, please go to MI Courthouse Locations.

¹ MCR 3.702(6)
² MCR 3.703(F)
³ MCL § 600.2950(26)(b)

A judge can issue you an ex parte domestic relationship PPO without a full court hearing and without the abuser present. An ex parte domestic relationship PPO is valid for at least 182 days, approximately six months. Once the PPO is issued, the abuser will be notified that you have an order against him/her.¹

The abuser has the right to file a motion to change (modify) or cancel (rescind) the ex parte personal protection order and request a hearing within 14 days of being served with the order unless s/he has a good reason to extend the time to file the motion.² If the abuser does request a court hearing, a hearing will normally be set for some time during the following 14 days³ and you may have to face the abuser at that hearing. If the abuser is licensed to carry a gun due to his/her job, such as a job in law enforcement, the hearing will take place within five days instead of 14.⁴ You must attend that hearing if you want to keep your PPO unless the judge gives you permission to appear via video conferencing.⁵ If you do not appear at the hearing in some way, a judge may take away your PPO.

If the abuser does not request a court hearing, you will probably not have to go back to court. However, you should check with a domestic violence organization or legal resource in your community; the court in your area might have its own rules about this. To find an organization in your area to for legal help please visit MI Advocates and Shelters or MI Finding a Lawyer.

You may have additional court hearings if you want to change or extend your PPO, or if the abuser violates the PPO. The abuser may come to those hearings. See How do I change or extend my domestic relationship PPO?

¹ MCL § 600.2950(13)
² MCL § 600.2950(11)(g), (13)
³ MCL § 600.2950(14)
⁴ MCR 3.707(A)(2)
⁵ MCR 3.705(B)(3)

Although you do not need a lawyer to file for a domestic relationship PPO, it may be to your advantage to seek legal counsel.  This is especially important if the abuser has a lawyer.  Even if the abuser does not have a lawyer, it is recommended that you contact a lawyer to make sure that your legal rights are protected.

If you cannot afford a lawyer but want one to help you with your case, you can find information on legal assistance and domestic violence agencies on the MI Places that Help page. The domestic violence agencies in your area may be able to help you with the forms if you cannot find a lawyer.  In addition, the law allows court staff to help you fill out the forms, if you request it, and to explain the proper way to serve the papers but the law does not require the court staff to do so.¹  Your will find contact information for courthouses on the MI Courthouse Locations page.

If you are going to be in court without a lawyer, our Preparing for Court – By Yourself section may be useful to you.

¹ MCL § 600.2950b(4)