Personal Protection Orders — commonly called PPOs — are one of the most consequential and least understood civil legal tools in Michigan. They can be granted ex parte (without notice to the respondent), they take effect immediately, and they can change a person's living situation, employment, and freedom from one day to the next. Whether you need one or are facing one, the process moves fast and the stakes are high.
This guide explains how PPOs work in Wayne County, how to get one, and how to fight one.
Types of PPOs in Michigan
Michigan recognizes three types of personal protection orders:
1. Domestic Relationship PPO (MCL 600.2950)
For protection from a spouse, former spouse, person with whom the petitioner has a child in common, person in a dating relationship, person residing or having resided in the same household, or other domestic relationship.
2. Non-Domestic Stalking PPO (MCL 600.2950a)
For protection from stalking or aggravated stalking (MCL 750.411h and 750.411i) by someone outside a domestic relationship — a neighbor, coworker, acquaintance, or stranger.
3. Sexual Assault PPO (MCL 600.2950a)
For protection from someone who has committed or threatened to commit criminal sexual conduct.
What a PPO Can Prohibit
A PPO can prohibit the respondent from:
- Entering the petitioner's home, workplace, or other property,
- Approaching or following the petitioner,
- Appearing at the petitioner's workplace,
- Contacting the petitioner by phone, email, social media, or third parties,
- Sending mail or other communications,
- Buying or possessing a firearm,
- Threatening to kill or injure the petitioner or their family,
- Removing minor children from the petitioner's care (in domestic cases),
- Engaging in any other behavior that interferes with the petitioner's freedom from interference or threat.
How to Get a PPO
The petitioner files in circuit court in the county where they live or where the respondent lives. In Wayne County, that means Wayne County Circuit Court — Family Division.
The process:
- Petitioner files a petition describing the facts that justify the PPO. Free forms are available through the State Court Administrative Office (SCAO) or the court clerk.
- The petitioner may request an ex parte order — meaning issued immediately without notice to the respondent — if there is “immediate and irreparable injury, loss, or damage” that would result from delay.
- A judge reviews the petition. If the standard is met, the judge issues the PPO. Ex parte orders typically take effect immediately and last for at least six months.
- The PPO must then be served on the respondent. It is enforceable as soon as the respondent has notice, including notice through service or actual knowledge.
- The respondent has 14 days to request a hearing to modify or terminate the PPO.
How to Fight a PPO
If you have been served with a PPO, you have specific time-sensitive options:
Step 1: Read It Carefully
Identify exactly what is prohibited, the duration, and the next hearing date.
Step 2: Comply Immediately
Even if you believe the PPO is unjust, violating it is a separate criminal offense. Comply while you fight it.
Step 3: File a Motion to Modify or Terminate
You have 14 days from service to request a hearing to modify or terminate an ex parte PPO. The motion is filed in the same court that issued the PPO.
Step 4: Prepare for the Hearing
At the hearing, the petitioner must prove the facts that support the PPO. You can present evidence, call witnesses, and cross-examine the petitioner. Witnesses, text messages, social media, surveillance footage, and other evidence can all be relevant.
Step 5: Comply During and After
Whether the PPO is modified, terminated, or upheld, comply with it precisely. The respondent's behavior during the pendency of the case is significant.
What's at Stake When You Lose a PPO Fight
A PPO is a civil order, but the consequences are profound:
- Federal firearm prohibition under 18 U.S.C. § 922(g)(8) while the PPO is in effect,
- Loss of concealed pistol license,
- Impact on professional licensing in some fields,
- Impact on security clearance,
- Effect on child custody and parenting time in concurrent family court proceedings,
- Effect on immigration status for non-citizens,
- Possible eviction from a shared home,
- Loss of access to personal property kept at the petitioner's residence.
Violating a PPO
Violating a PPO is a criminal contempt offense punishable by up to 93 days in jail and a $500 fine, even on a first offense. If the underlying behavior is also a crime (e.g., assault, stalking), it can be charged separately. Repeat violations can result in custody.
Even seemingly innocuous contact — a single text saying “Are you ok?”, a Facebook like, a third-party message, showing up at a public event where the petitioner is present — can result in a PPO violation charge.
Common Defenses
- Lack of qualifying relationship. The petitioner must establish the required relationship for a domestic PPO.
- Insufficient evidence of stalking or threat. The acts alleged must meet the legal definition of stalking under MCL 750.411h or threatening conduct supporting a PPO.
- Mutual conflict, not unilateral threat. The court considers the full context, not just one side's account.
- Fabricated or exaggerated claims. Particularly common in concurrent divorce or custody proceedings, where strategic PPO filings happen.
- Mistaken identity. The respondent must actually be the person responsible for the alleged conduct.
Mutual PPOs — A Word of Caution
Michigan generally does not favor mutual PPOs — orders where both parties are restrained from the other. In situations where both people allege misconduct, the court usually requires separate petitions and separate proof.
What to Do If You Were Served
- Read the PPO carefully and follow it.
- Note the hearing date and the 14-day window.
- Do not contact the petitioner — even to discuss the PPO.
- Gather evidence: text messages, photos, witness statements, location records.
- Surrender firearms as required by the order.
- Find alternative housing if the order prohibits returning home.
- Contact an attorney before filing your motion.
Boria Law and Wayne County PPO Cases
Whether you need to file a PPO to protect yourself or you need to fight one that has been filed against you, the process requires informed advocacy. Aaron J. Boria handles PPO petitions and PPO defense in Wayne County Circuit Court. Call Boria Law at (734) 453-7806 for a confidential consultation on your specific situation.
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