Domestic Violence Protection Order - Michigan

IMPORTANT: THIS IS A PREPARATION GUIDE — NOT THE OFFICIAL COURT FORM

Michigan requires the use of official SCAO-approved court forms for domestic-relationship
personal protection order proceedings: CC 375 (Petition for Personal Protection Order —
Domestic Relationship) to petition, and CC 376 (Personal Protection Order — Domestic
Relationship), which becomes the actual order signed by the judge.
This template provides the substantive legal content to help you prepare — but you must
transfer your content to the official forms before filing. The official forms are available at
https://www.courts.michigan.gov/SCAO-forms/PPO/.
Do not file this document directly with the court.

DRAFT – PERSONAL PROTECTION ORDER

(Domestic Relationship – Michigan)

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Jurisdictional Findings & Statutory Authority
4. Operative Injunctive Provisions
5. Ancillary Orders (Firearms, Support Services, etc.)
6. Service, Entry & Effectiveness
7. Enforcement, Contempt & Penalties
8. Modification, Extension & Termination
9. General Provisions
10. Execution Block

1. DOCUMENT HEADER

1.1 Caption

STATE OF MICHIGAN
[___] COUNTY CIRCUIT COURT – FAMILY DIVISION

Case No.: [___]
Judge:     Hon. [___]

1.2 Title
Personal Protection Order (Domestic Relationship) – Issued Pursuant to Mich. Comp. Laws § 600.2950.

1.3 Parties
• Petitioner/Protected Party: [FULL LEGAL NAME], DOB [MM/DD/YYYY], residing at [PROTECTED ADDRESS] (“Petitioner”).
• Respondent/Restrained Party: [FULL LEGAL NAME], DOB [MM/DD/YYYY], last-known address ☐ (“Respondent”).

1.4 Effective Date
This Order becomes effective immediately upon signing by the Court and remains in force through 11:59 p.m. on [EXPIRATION DATE], unless earlier modified or terminated under Section 8. An ex parte personal protection order issued under this section is valid for not less than 182 days. Mich. Comp. Laws § 600.2950(13).

1.5 Recitals
A. Petitioner and Respondent are, or were, in a relationship described in Mich. Comp. Laws § 600.2950(1) (spouse, former spouse, individual with whom Petitioner has a child in common, individual with whom Petitioner has or has had a dating relationship, or individual residing or having resided in the same household as Petitioner).
B. Petitioner has alleged facts establishing reasonable cause to believe Respondent may commit one or more of the acts listed in Mich. Comp. Laws § 600.2950(1).
C. The Court has reviewed the verified petition, any supporting affidavits, and (if applicable) testimony presented at hearing held on [HEARING DATE].

2. DEFINITIONS

For purposes of this Order:

“Court” means the [___] County Circuit Court – Family Division.

“Enjoined Conduct” means any of the acts the Court is authorized to restrain or enjoin under Mich. Comp. Laws § 600.2950(1).

“Firearm” means any weapon which will, is designed to, or may readily be converted to expel a projectile by action of an explosive, as defined at Mich. Comp. Laws § 750.222(e).

“No-Contact” encompasses in-person contact, telephone calls, electronic communications (texts, emails, social media), third-party messaging, and any surveillance of Petitioner.

“Prohibited Premises” collectively refers to Petitioner’s residence, workplace, school, or any other location specifically identified in Section 4.2(f).

3. JURISDICTIONAL FINDINGS & STATUTORY AUTHORITY

3.1 Subject-Matter Jurisdiction
The family division of the circuit court has jurisdiction under Mich. Comp. Laws § 600.2950 and Mich. Ct. R. 3.705.

3.2 Personal Jurisdiction
Personal jurisdiction over Respondent is based on:
a. Michigan residency; or
b. Commission of alleged acts within Michigan; or
c. Submission to jurisdiction by appearance.

3.3 Standard for Issuance
The Court finds that there is reasonable cause to believe that Respondent may commit one or more of the acts listed in Mich. Comp. Laws § 600.2950(1), the statutory standard for issuance under Mich. Comp. Laws § 600.2950(4). In determining reasonable cause the Court has considered the testimony, documents, and other evidence offered and whether Respondent has previously committed or threatened to commit one or more of the listed acts.

4. OPERATIVE INJUNCTIVE PROVISIONS

4.1 General Prohibition
Respondent SHALL NOT commit any act of domestic violence against Petitioner, nor shall Respondent encourage or solicit any third party to do so.

4.2 Specific Prohibitions
Respondent is hereby RESTRAINED AND ENJOINED from the following, to the extent enjoined by the Court under Mich. Comp. Laws § 600.2950(1):
a. Having any No-Contact with Petitioner (§ 600.2950(1)(l)).
b. Entering onto premises where Petitioner lives or is present (§ 600.2950(1)(a)).
c. Assaulting, attacking, beating, molesting, wounding, or threatening to kill or physically injure Petitioner or a named individual (§ 600.2950(1)(b)–(c)).
d. Stalking Petitioner as prohibited under Mich. Comp. Laws §§ 750.411h and 750.411i (§ 600.2950(1)(j)).
e. Interfering with Petitioner’s efforts to remove Petitioner’s children or personal property from premises solely owned or leased by Respondent (§ 600.2950(1)(f)).
f. Interfering with Petitioner at Petitioner’s place of employment or education, or engaging in conduct that impairs Petitioner’s employment or educational relationship or environment (§ 600.2950(1)(g)).
g. [OPTIONAL] Removing minor child(ren) [NAMES] from the individual having legal custody, except as authorized by a custody or parenting-time order (§ 600.2950(1)(d)); parenting-time provisions, if any, are governed by separate order.

5. ANCILLARY ORDERS

5.1 Firearms & Concealed Pistol License
a. Where the Court has enjoined Respondent from purchasing or possessing a firearm under Mich. Comp. Laws § 600.2950(1)(e), Respondent is PROHIBITED from purchasing, possessing, or transporting any Firearm while this Order remains in effect.
b. Where this Order prohibits Respondent from purchasing or possessing a firearm, the clerk of the court shall notify the county clerk of Respondent’s county of residence of the existence and contents of this Order. Mich. Comp. Laws § 600.2950(15)(d).
c. A qualifying order that prohibits firearm possession may also subject Respondent to the federal firearm prohibition under 18 U.S.C. § 922(g)(8). [If the Court has ordered a specific manner or deadline for surrender of firearms, ammunition, or a concealed pistol license, state those court-ordered terms here: __________.]

5.2 Support Services Referral
The Clerk shall provide Petitioner with information regarding local domestic violence shelters, counseling services, and victim advocacy resources.

5.3 Law Enforcement Entry
Any Michigan law enforcement officer with jurisdiction is authorized to accompany Petitioner to recover essential personal effects or to effectuate enforcement of this Order.

6. SERVICE, ENTRY & EFFECTIVENESS

6.1 Entry into the Law Enforcement Information Network (LEIN)
The Court shall designate a law enforcement agency responsible for entering this Order into the Law Enforcement Information Network (LEIN). The clerk shall immediately file a true copy with the designated agency, and the agency shall immediately, without requiring proof of service, enter this Order into LEIN. Mich. Comp. Laws § 600.2950(10), (15)–(17); Mich. Ct. R. 3.705.

6.2 Manner of Service
This Order must be served on Respondent personally, or by registered or certified mail (return receipt requested, delivery restricted to the addressee) at Respondent’s last known address, or by any other manner allowed by the Michigan court rules. Mich. Comp. Laws § 600.2950(18); Mich. Ct. R. 3.706.

6.3 Proof of Service
A completed Proof of Service/Oral Notice Regarding Personal Protection Order (SCAO Form CC 386) must be filed with the Court. Mich. Comp. Laws § 600.2950(22); Mich. Ct. R. 3.706(E).

6.4 Immediate Enforceability
This Order is effective and immediately enforceable anywhere in this state after being signed by a judge, and, upon service, may also be enforced by another state, an Indian tribe, or a United States territory. Mich. Comp. Laws § 600.2950(9), (21).

7. ENFORCEMENT, CONTEMPT & PENALTIES

7.1 Criminal Penalties
An individual 17 years of age or older who refuses or fails to comply with this Order is subject to the criminal contempt powers of the Court and, if found guilty, must be imprisoned for not more than 93 days and may be fined not more than $500.00. Mich. Comp. Laws § 600.2950(23). The criminal penalty may be imposed in addition to any penalty for another offense arising from the same conduct.

7.2 Arrest Authority
A peace officer, without a warrant, may arrest and take Respondent into custody when the officer has reasonable cause to believe that a valid personal protection order has been issued, Respondent has violated it, and the order states on its face that a violation subjects Respondent to immediate arrest. Mich. Comp. Laws § 764.15b(1). An individual arrested under § 764.15b must be brought before the family division of the circuit court within 24 hours after arrest, with a violation hearing held within 72 hours after arrest. Mich. Comp. Laws § 764.15b(2)–(3).

7.3 Contempt Proceedings
Contempt proceedings for violation of this Order are governed by Mich. Ct. R. 3.708. Criminal contempt must be proven beyond a reasonable doubt; civil contempt must be proven by clear and convincing evidence.

8. MODIFICATION, EXTENSION & TERMINATION

8.1 Motion to Modify or Terminate
Petitioner may move to modify or terminate this Order at any time after issuance. Respondent may move to modify or terminate an ex parte order within 14 days after being served with or receiving actual notice of the Order; any later motion by Respondent requires a showing of good cause. Mich. Ct. R. 3.707(A). The court must schedule and hold a hearing on the motion within 14 days after it is filed (within 5 days if Respondent is a person described in Mich. Comp. Laws § 600.2950(2) and the order prohibits purchasing or possessing a firearm).

8.2 Extension
Petitioner may file an ex parte motion to extend the effectiveness of this Order, without hearing, by requesting a new expiration date. The motion must be filed with the issuing court no later than 3 days before the Order is to expire, and the court must act on the motion within 3 days after it is filed. If the expiration date is extended, an amended order must be entered. Mich. Ct. R. 3.707(B). Failure to timely move to extend does not preclude commencing a new personal protection action regarding the same Respondent.

9. GENERAL PROVISIONS

9.1 Severability
If any provision of this Order is found unenforceable, the remaining provisions shall remain in full force.

9.2 Precedence
Where this Order conflicts with any prior or contemporaneous order, this Order controls as to personal protection matters unless the issuing court expressly states otherwise.

9.3 Governing Law & Forum
This Order is governed exclusively by Michigan law. The [___] County Circuit Court retains jurisdiction over enforcement and modification.

9.4 Copies & Electronic Signatures
Photocopies, certified copies, or electronically signed copies of this Order shall be deemed originals for all enforcement purposes.

10. EXECUTION BLOCK

Signed and Ordered this ___ day of __________, 20__.

________________________________________
Hon. [JUDGE NAME]
Circuit Court Judge – Family Division

(SEAL)

ACKNOWLEDGMENT OF RESPONDENT (Optional – if present)

I, [RESPONDENT NAME], have received a copy of this Order and understand its terms. I acknowledge that violation of this Order may result in immediate arrest and criminal contempt sanctions.

________________________________________
Respondent – Signature & Date

CERTIFICATE OF SERVICE

I certify that on ___/___/20__, I served a true copy of this Personal Protection Order upon Respondent as follows:
☐ Personal delivery ☐ First-class mail ☐ Other (specify): __________

________________________________________
Name & Title of Server