DRAFT – PERSONAL PROTECTION ORDER

(Domestic Relationship – Michigan)

[// GUIDANCE: This is a model template intended for attorney use and customization. Confirm compatibility with current SCAO-approved court forms and local court rules before filing.]

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.

1.5 Recitals
A. Petitioner and Respondent are, or were, in a domestic relationship within the meaning of Mich. Comp. Laws § 600.2950(1).
B. Petitioner has alleged facts that, if true, constitute domestic violence and establish reasonable cause to believe Respondent may commit further acts of violence or harassment.
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.

“Domestic Violence” means the occurrence of any of the prohibited acts enumerated in Mich. Comp. Laws § 600.2950(1).

“Firearm” includes any weapon that expels a projectile by action of an explosive, as defined at Mich. Comp. Laws § 750.222.

“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 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 of Proof
The Court finds, by a preponderance of the evidence, that statutory grounds exist for issuance of this Personal Protection Order.

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:
a. Having any No-Contact with Petitioner.
b. Entering onto Prohibited Premises.
c. Threatening, harassing, stalking, or following Petitioner, whether directly or indirectly.
d. Interfering with Petitioner’s use of a motor vehicle, utilities, or personal property.
e. Posting, distributing, or causing the publication of any personal identifying information of Petitioner online (“doxing”).
f. [OPTIONAL] Contact with minor child(ren) [NAMES]; parenting-time provisions, if any, are governed by separate order.
[// GUIDANCE: Tailor subsection (f) to align with existing custody orders.]

5. ANCILLARY ORDERS

5.1 Firearms & Concealed Pistol License
a. Pursuant to Mich. Comp. Laws § 600.2950(1)(e), Respondent SHALL:
i. Immediately surrender all Firearms, ammunition, and Concealed Pistol License(s) to [LAW ENFORCEMENT AGENCY] no later than 24 hours after service of this Order.
ii. File with the Court and serve on Petitioner a proof of surrender within 48 hours of service.
b. Respondent is PROHIBITED from purchasing, possessing, or transporting any Firearm while this Order remains in effect.

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 Manner of Service
• If issued ex parte, the Clerk shall immediately transmit a copy for entry into LEIN (Michigan Law Enforcement Information Network) pursuant to Mich. Ct. R. 3.708.
• Respondent shall be served by [PERSONAL SERVICE / ALTERNATIVE METHOD] within 7 days.

6.2 Proof of Service
A completed Proof of Service (SCAO Form CC 382) must be filed with the Court.

6.3 Entry into NCIC
The issuing clerk or designated law-enforcement agency shall ensure entry of this Order into the National Crime Information Center (NCIC) protection order file.

7. ENFORCEMENT, CONTEMPT & PENALTIES

7.1 Criminal Penalties
Violation of this Order constitutes criminal contempt punishable by up to 93 days’ incarceration and/or a fine not exceeding $500, as provided in Mich. Comp. Laws § 600.2950(23).

7.2 Arrest Authority
A police officer with probable cause to believe Respondent has violated this Order SHALL arrest Respondent without a warrant, consistent with Mich. Comp. Laws § 764.15b.

7.3 Civil Contempt
In addition to criminal sanctions, the Court may impose civil contempt remedies, including coercive incarceration and monetary sanctions, until compliance is achieved.

8. MODIFICATION, EXTENSION & TERMINATION

8.1 Motion to Modify or Terminate
Either party may move, with notice, under Mich. Ct. R. 3.707 for modification or termination. The moving party bears the burden of showing good cause or a substantial change in circumstances.

8.2 Extension
Petitioner may seek extension by filing a motion at any time prior to expiration. The Court may extend the Order for up to two years per petition, or longer upon a showing of continued need.

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 exclusive 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

[// GUIDANCE: Obtain notarization if local practice requires. Attach required SCAO forms (e.g., CC 375, CC 384) before filing.]