Know the Laws: Michigan
UPDATED September 28, 2014
A non-domestic stalking personal protection order (PPO) is a civil court order that is designed to protect you from someone who you do not have a family or household member relationship with.
back to topWho is eligible for a non-domestic stalking personal protection order?
A non-domestic stalking personal protection order (PPO) can be issued based on stalking or cyberstalking committed by someone who you do not have an intimate relationship with. If you have one of the domestic relationships described here, you would file for a domestic relationship PPO instead.
You may be eligible to file for a stalking personal protection order if the respondent has stalked you or cyberstalked you, as described below. The respondent does not have to be arrested for the crime.
1) Stalking is when someone harasses you at least 2 or more times and it reasonably causes you to feel terrorized, frightened, intimidated, threatened, harassed, or molested (bothered).* "Harassment" is repeated or continuing unconsented contact with you that has no legitimate (valid) purpose and reasonably causes you to suffer emotional distress (harm). For contact to be considered “unconsented contact,” it means that s/he contacts you without your consent (including if you agreed to the contact at first, but now you have asked the person to stop and s/he continues to contact you). Unconsented contact includes, but is not limited to, any of the following:
- Following you or appearing within your sight;
- Approaching or confronting you in a public place or on private property;
- Appearing at your workplace or home;
- Entering onto, remaining on, or putting an object on property that you own, lease (rent), or that you are currently occupying;
- Contacting you by telephone; or
- Sending you mail, email or text messages.*
This PPO can also be based on the respondent committing aggravated stalking, which is when the respondent stalks you in violation of a restraining order, probation, parole, makes a serious threat, or has a prior conviction for stalking.** To read the exact definition, go to our MI Statutes
, for the purposes of this PPO, is when the respondent commits the crime of posting or attempting to post messages about
you through the Internet, computer or any other form of electronic communication without your consent – it doesn’t matter if the information is true or not true. To qualify for a protection order under this ground, all
of the following must be true:
- The respondent knows or should know that posting the message could cause 2 or more acts of unconsented contact with you (by anyone). (See above for the definition of "unconsented contact");
- Posting the message is intended to cause conduct (behavior, acts) that would make you feel terrorized, frightened, intimidated, threatened, harassed, or molested; and
- The conduct that comes from posting the message reasonably causes you to suffer emotional distress and to feel terrorized, frightened, intimidated, threatened, harassed, or molested.***
get a stalking personal protection order if you are currently a prisoner.****
* MCL § 750.411h(a)-(e)
** MCL § 750.411i(2)
*** MCL § 750.411s(1)
**** MCL § 600.2950a(31)
back to topHow can a non-domestic stalking personal protection order help me?
In an ex parte or final non-domestic stalking personal protection order (PPO), the judge can order the respondent not to commit behaviors that make up stalking or cyberstalking as those crimes are defined by law.* The PPO can (among other things) order the respondent not to do any or all of the following:
- follow you or appear within you sight;
- appear at your home or workplace;
- approach or confront you in a public place or on private property;
- enter onto or remain on property that is owned, leased, or occupied by you;
- send you mail or other communications (such as email);
- contact you by telephone;
- place an object on or delivean object to property owned, leased, or occupied by you;
- threaten to kill or physically injure you;
- purchase or possess a firearm; and
- post any messages in violation of section through the Internet, a computer or any electronic medium.**
* MCL § 600.2950a(1)
** See Michigan Courts website, PPO petition form cc380
back to topWhat kinds of non-domestic stalking personal protection orders are there? How long do they last?
A non-domestic stalking personal protection order (PPO) can be issued ex parte or after the respondent is notified and a hearing is held.
Temporary ex parte order
When you file for a stalking personal protection order, you could get a temporary ex parte order, which means it is issued without written or oral notice to the respondent or his/her attorney. The judge must make a decision on whether to issue you an ex parte order within 24 hours of when you file the petition. An ex parte personal protection order is only supposed to be issued if the allegations in your complaint clearly show that:
- immediate and severe injury, loss, or damage will result if you have to wait for the respondent to be notified before you get the order; or
- notifying the respondent would put you in danger.*
A temporary stalking personal protection order will last for at least 182 days
(approximately 6 months) unless it is shortened or dismissed by a judge at a hearing that the respondent requests. The respondent generally has 14 days from when s/he is served with (receives notice of) the order in which s/he can file a motion to modify or dismiss the order and request a hearing. The time to file the motion can be extended beyond 14 days if there is "good cause."** The hearing will generally be held within 14 days of when the motion was filed, except it will be held within 5 days if the stalker:
Final personal protection order
- has a license to carry a concealed weapon and is required to carry a weapon as a condition of his or her employment,
- is a police officer sheriff, a deputy sheriff or a member of the Michigan department of state police,
- a local corrections officer or a department of corrections employee, or
- a federal law enforcement officer who carries a firearm during the normal course of his or her employment.***
If there is a hearing on a petition for PPO and the judge issues an order after the hearing, the order will be a final order that can last for any length of time
ordered by the judge.
You may also be able to extend
your order. See Can my non-domestic stalking PPO be extended?
* MCL § 600.2950a(12); see also MCR § 3.705(A)(1)
** MCL § 600.2950a(13)
*** MCL § 600.2950a(14); see also MCR § 3.707(A)(2)
WomensLaw.org thanks Cheryl Rogers, Esq., Director of Nonprofit Legal & Management Assistance at the Michigan Coalition Against Domestic and Sexual Violence
for her help in reviewing these pages.
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