Personal Protection Orders in Macomb County: How to Get One or Fight One

A personal protection order (PPO) is a court order that prohibits a specific person from contacting, threatening, following, or harming you, and violating it can lead to immediate arrest. In Macomb County, PPO petitions are filed with the Family Division of the 16th Judicial Circuit Court, there is no filing fee, and a judge can grant an emergency order without the other person being notified first. Whether you need protection or have been served with a PPO you believe is unfair, our Macomb County family law attorneys can help you understand your options and act quickly.

What types of PPOs are there in Michigan?

Michigan has three kinds of personal protection orders, and which one applies depends on your relationship with the other person and what happened.

Domestic relationship PPO

A domestic relationship PPO, under MCL 600.2950, covers a spouse or former spouse, someone you have a child with, someone you have or had a dating relationship with, or someone who lives or lived in your household. It can restrict contact, bar the person from your home or workplace, and in some cases prohibit them from purchasing or possessing a firearm.

Stalking PPO

A stalking PPO, under MCL 600.2950a, can be issued against anyone, including a stranger or acquaintance, who has engaged in a pattern of repeated harassment or unwanted contact that would make a reasonable person feel frightened or threatened, including harassing you by posting messages about you online.

Sexual assault PPO

A sexual assault PPO, also under MCL 600.2950a, can be issued against someone who sexually assaulted you, threatened to, or placed you in reasonable fear of sexual assault, even if there is no domestic relationship and no criminal charges have been filed. A conviction for sexually assaulting you, or for furnishing obscene material to you, also qualifies.

How do you get a PPO in Macomb County?

You file a petition with the 16th Judicial Circuit Court describing specific incidents, with dates and details, that show why you need protection. There is no fee to file. You can ask for an ex parte order, which a judge can grant without notifying the other person if waiting would cause immediate and irreparable harm. Under the Michigan Court Rules, the judge must rule on an ex parte request within one business day of filing. If the judge does not grant it ex parte, you have 21 days to request a hearing where both sides appear. Strong petitions include concrete evidence such as texts, voicemails, photos, police reports, and witness names.

How long does a PPO last?

Michigan law requires an ex parte PPO, one issued without a hearing, to remain in effect for at least 182 days, and the judge sets the expiration date for every PPO. That date is written on the order. Before it expires, the person protected by the order can ask the court to extend it if the need for protection continues. As soon as a judge signs a PPO, it is entered into the statewide Law Enforcement Information Network, so police anywhere in Michigan can enforce it, even before it is served.

What happens if someone violates a PPO?

Violating a PPO is treated as criminal contempt of court. Police can arrest the person without a warrant if they have reasonable cause to believe the order was violated, and a conviction can bring up to 93 days in jail and a fine of up to $500. If the conduct is also a separate crime, such as assault or aggravated stalking, additional charges can follow. Even contact the respondent believes is harmless, such as a friendly text or a message passed through a friend, can count as a violation.

How can you fight a PPO that was issued against you?

If a PPO was issued against you without a hearing, you can file a motion to modify or terminate it, and you generally have 14 days after being served to do so. The court must then schedule a hearing within 14 days, where you can present your side, cross-examine the petitioner, and offer evidence and witnesses. Until the court changes or ends the order, you must follow it exactly, even if you believe it is false. A PPO can affect your gun rights, your job, and any custody case, since domestic violence is one of the 12 best interest factors Michigan judges weigh. That makes responding promptly and carefully important.

Can a PPO affect custody or a divorce?

Yes. A PPO can limit contact between parents, change how exchanges happen, and influence how a judge views each parent in a custody case. Courts consider domestic violence under factor 11 of the best interest factors in MCL 722.23. A PPO does not automatically decide custody, and it can include provisions that still allow parenting time, but it is evidence the court will weigh. If you are in a divorce or custody case at the same time, the two matters should be handled together. You can read the PPO statutes on the Michigan Legislature website.

Frequently asked questions

Need a PPO or facing one? Talk to Aiello & Associates

PPO cases move fast, and the first filing or response often shapes everything that follows, including custody. The attorneys at Aiello & Associates help Macomb County clients prepare strong petitions and defend against orders they believe are unfounded. Call 586-303-2211 or schedule a free consultation to talk through your situation confidentially. If you are in immediate danger, call 911 first.