A Personal Protection action involves seeking an order from the Court to protect you from harassment, assault, beating, molesting, wounding or stalking by another person.

There is no filing fee to file for a Personal Protection Order.

The person filing for the order is called the petitioner and the person whom you are filing the petition against is called the respondent. The Court may issue a PPO that protects one (1) person against another person.

If Petitioner is a minor or a legally incapacitated individual (attach appropriate letters of authority), you must fill out and attach form SCAO MC 319 MC 319, Request for Next Friend and Order (michigan.gov)

A.) If Respondent is an Adult:

1)   Domestic PPOs- CC 375, Petition for Personal Protection Order (Domestic Relationship) (michigan.gov)
Use this form if the person you want restrained is 18 years of age or older and:

• if you are married to the person you want restrained; or
• if you are not married to the person you want restrained but you live with or have lived with him or her and you are not the legal parent of the unemancipated minor child; or
• if you and the person you want restrained have a child in common even if you were never married to one another or never lived together; or
• if you and the person you want restrained have or had a dating relationship or an intimate partner relationship.

Use this form if the person you want restrained is 18 years of age or older and you do not have a domestic relationship to this person.

CC 395, Petition for Personal Protection Order (Nondomestic Sexual Assault) (michigan.gov)
Use this form if the person you want restrained (from sexually assaulting you or threating to sexually assault you) is 18 years of age or older, you do not have a domestic relationship with this person, and this person has:

• Previously been convicted of a sexual assault against you; or
• Subjected you to, threatened you with, or placed you in a reasonable apprehension of sexual assault, or
• Previously been convicted of furnishing obscene material to you and you were under age 18 when the material was given to you
• Furnished you with obscene material and you were under age 18 when it occurred.

Use this form if the person you want restrained (from sexually assaulting you or threating to sexually assault you) is under the age of 18, you do not have a domestic relationship with this person, and this person:

• Is subject to an order of disposition or other adjudication based on a sexual assault against you; or
• Has subjected you to, threatened you with or placed you in a reasonable apprehension of sexual assault; or

• Is subject to an order of disposition or other adjudication based on furnishing obscene material to you and you were under age 18 when the material was given to you
• Furnished you with obscene material and you were under age 18 when it occurred.

2)  Domestic PPO against a Minor and Non-Domestic Stalking PPO against a Minor- 

CC 375m, Petition for Personal Protection Order Against a Minor (Domestic Relationship) (michigan.gov)
CC 395m, Petition for Personal Protection Order Against a Minor (Nondomestic Sexual Assault) (michigan.gov) 

A Domestic PPO Against a Minor and Non-Domestic Stalking PPO Against a Minor may not be issued if you and the person you want restrained have a legal parent/child relationship and you are an unemancipated minor.

1. Select the appropriate form above for the type of PPO you need and fill it out (See Tabs above)

2. Fill out SCAO MC 319-  if you are a minor or legally incapacitated individual

   MC 319, Request for Next Friend and Order (michigan.gov)

3. Fill out the Verified Statement -Click here for verification statement
   Tips for filling out verification statement.
   Instructions for filling out verification statement.

4. Fill out the PPO informational worksheet- Click here for informational worksheet

5. Review the FAQ section to answer any questions you may have (see Tab Below)

6. If the FAQ section does not answer your question or if you need further guidance contact the PPO coordinator via phone at 269-969-6518 or via email at PPOCoordinator@CalhounCountyMI.Gov. They will schedule appointments as needed.

7. Collect your required documents and file them with the 37^th Circuit Court Clerk’s Office. This may be done:

   • In person during your appointment or by dropping them off at the Circuit Court Clerk’s Office at 161 E. Michigan Ave., Battle Creek, MI 49014
   • By mailing to Circuit Court Clerk’s Office at 161 E. Michigan Ave., Battle Creek, MI 49014 NOTE THIS WILL DELAY YOUR PPO
   • Electronically by emailing to PPOCoordinator@CalhounCountyMI.Gov You will receive a confirmation email.
   • By Fax to 269-969-6922 (Please call 269-969-6518 to ensure your packet was received).

1. Once your COMPLETE packet is received, your documents will be docketed, and you will be assigned a case number.

2. Your case will be forwarded to the Judge for review of the file

3. The Judge will review your packet for legal sufficiency within 24 business hours and make one of the following decisions.

   1. Grant Ex-Parte- Immediate PPO without a hearing.

   2. Deny with right to request a hearing- Judge has determined a hearing is necessary.

   3. Deny without right to request a hearing. The Judge has determined the petition is not sufficient on its face to grant the petitioner the relief they have requested.

A PPO is not enforceable until the respondent is properly served. 
Click here for more information.

You will need to request a date for a hearing. Copy of petition and supporting documents must be served on the Respondent by personal service.  Notice of Hearing on Petition for PPO: cc381.pmd (michigan.gov)

The Respondent will have the opportunity to attend the hearing and respond to the information in the petition.  The Respondent will know the petitioner is asking for a PPO before the petitioner is protected by an order.  At the hearing both parties will have the opportunity to speak, present witnesses, and evidence.  You may want to consider finding a lawyer to represent you to prove your need for or to defend against a PPO.  The burden of proof is on the Petitioner to prove they meet the legal standard for a PPO.

1. To Terminate- You must serve the other party (see Service) and appear for your hearing.  Please note if a PPO was granted ex parte and you are the Respondent, you only have 14 days, from the date of service of the PPO, to file a motion to terminate.  If the Motion to Terminate is filed outside the 14 day window, your request may be denied for failure to file within the timeframe allowed.
   
   If you are a minor, SCAO MC 319 MC 319, Request for Next Friend and Order (michigan.gov), must be filled out.
   
   A Petitioner cannot give you permission to violate a PPO.  Only the Court can grant permission to have contact.

2. Motions to Modify- If you need any of the provisions of the Personal Protection Order changed, you need to file a Motion to Modify a PPO.  CC 379, Motion to Modify, extend, or Terminate Personal Protection Order (michigan.gov).  You will need to schedule this for a hearing in front of the Judge.  The Circuit Court Clerk will provide you with possible hearing dates and time.   Please keep in mind that the other party will have to be personally served with the Motion to Modify at least 7 days prior to the hearing. 

   CC 379, Motion to Modify, extend, or Terminate Personal Protection Order (michigan.gov)

3. Motions to Extend- If you are looking to have the PPO be effective longer than the original expiration date, you must file a Motion to Extend.  CC 379, Motion to Modify, extend, or Terminate Personal Protection Order (michigan.gov)  
   You must have the Motion to Extend filed prior the expiration of the original PPO AND the hearing your Motion also must be heard by the Court prior to the expiration of the original PPO. 

4. Zoom instructions-- Zoom Instructions for the individual Judge hearing the matter must be attached to the Notice of Hearing and/or Motion that is to be heard. You should contact the Court if you are unsure how you are required to appear.    
   
   Judge Yost Johnson Zoom Information 
   Judge Kirkham Zoom Information
   
   Click here for Handout for Motions

A Personal Protection Order is only enforceable after the Respondent has been properly served with the PPO. The Maximum sentenced that a Respondent could face is 93 days in jail and/or $500 fine.

Arrested - If the Respondent is arrested for a violation of a valid Personal Protection Order, the Respondent will be arraigned.   What happens next, depends on how the Respondent pleads.  If the Respondent pleads guilty, he/she will be sentenced.  If the Respondent pleads not guilty, a Show Cause hearing will be set.  Your attendance at these hearing are a vital part of the process and is required.   The Prosecutor will represent you at these hearings.  You should contact the Calhoun County Prosecutor’s Office if you have questions or information to submit.  

Non arrest-  If you feel the PPO has been violated and the Respondent has not been arrested, you may file Motion to Show Cause and Order CC 382m and CC382o, Motion and Order to Show Cause for Violating Valid Personal/Foreign Protection Order (michigan.gov).   You will need to complete the Motion.  You need to provide as much detail  as possible (i.e when, where & how).   You will need to pick a possible hearing date.  Please keep in mind that the non-moving party needs to be personally served 7 days prior to any hearing that is held.   Service of PPO Document   Your signature on this document is required to be notarized.  The Clerks at the Calhoun County Circuit Court office are all notary publics.     

Once the Motion is completed, the document is sent to the Judge for reviewal.  At this stage of the Show Cause, there are 2 different possible outcomes and they are as follows: 

1. If the Judge decides that the allegations in the Motion to Show Cause meet the legal standard for a violation, the Order to Show Cause will be granted.  If the Order to Show Cause is granted, your case will be placed on the Judge’s docket for the day you choose.  You will need to arrange for personal service on the Respondent.      
2. If the Judge decides that the allegations you made do not meet the legal standard for a violation, the Order to Show Cause will be denied and the hearing will be cancelled.        

If the Respondent has a PPO against you, the Judge can not grant your request without a hearing. You must pick a date and notice a hearing before the Judge. Click here for Notice

Once your Petition is submitted, the Judge will review the Petition within 24 business hours. If your Petition does not meet the legal standard for a PPO, your request will be denied and the hearing will be canceled.

If your request is not denied, you will have to serve a copy of the Notice of Hearing, the Petition for Personal Protection Order along with any attachments filed on the Respondent by personal service 7 days prior to the hearing. See Service instructions.

Ex-parte relief– For Judge to consider the Petition in an ex-parte request, you must state “ immediate & irreparable injury loss or damage....”. An Ex-Parte PPO will only be issued if it clearly appears from the affidavit that you will be subject to immediate & irreparable injury, loss or damage. Judge has 24 business hours to make a decision on the Petition. You will hear one of the following answers as the decision:

1. Granted the PPO: The Judge has determined that you are in immediate need of protection. You will need to get the copies of the granted Order. The Respondent will need to be served with the Order before the Order is actually enforceable. (Please refer to Service Instructions). Be advised that the Respondent will have an opportunity to file a Motion to Terminate the PPO. If that happens and you do not appear at that hearing, the PPO will be terminated.

2. Denied in its entirety: The Judge has decided the facts you presented on the affidavit do not qualify for a PPO at this time.

3. Denied with the right to request a hearing: The Judge has not found an immediate need for the PPO. It cannot be justified without allowing the respondent to have notice that a PPO could be authorized against him/her. It now becomes your responsibility to set a hearing where both parties are allowed to speak to the Judge and present their case. You need to return to the Circuit Court Clerk’s office for a Notice of Hearing. You will need to serve the Notice of Hearing, Petition for PPO & Verified Statement (along with any attachments).

If you want evidence presented at a hearing at a PPO hearing, you may do so. If the evidence is nonvideo evidence, that evidence must be submitted to either email below. Please verify your Judge before submitting evidence.
JudgeYostJohnsonExhibits@calhouncountymi.gov
or JudgeKirkhamExhibits@calhouncountymi.gov

If you wish to introduce video evidence, you must submit that evidence to the Court no later than 7 days prior to a hearing. You may email the video evidence to,
JudgeYostJohnsonExhibits@calhouncountymi.gov
or JudgeKirkhamExhibits@calhouncountymi.gov

If your file is too large to email or if you are having difficulty submitting evidence electronically, please contact the Judge’s office for further instructions. If you are represented by an Attorney and/or the Prosecutor’s office, they must submit evidence on your behalf. Any evidence you intend to utilize during a hearing must be served upon the other party and/or attorneys of record prior to the hearing. You ought to file a proof of service indicating what, when and how the evidence was served.

If you are a petitioner that has filed a show cause, you may hire an attorney to represent you at the hearing. The prosecutor also appears on behalf of the People of the State of Michigan to enforce PPOs and will appear at all show cause hearings against Respondents for criminal contempt. If you are a respondent facing jail time for violation of a PPO in which you are facing a jail sentence, you have a right to a court appointed attorney. Please fill out and submit the form.
MC 222, Request for Court-Appointed Attorney and Order (michigan.gov)

If you are a registered Member of an American Indian Tribe or Band, you are eligible for a court appointed attorney. Please fill out the form and submit to the court. You will need to indicate on the form that you are a tribal or band member and provide supporting information. 
MC 222, Request for Court-Appointed Attorney and Order (michigan.gov)

Other than above, parties do not have the right to a court appointed attorney. You may, however, hire your own attorney to represent you.

If you have a guardian, your guardian can ask for a PPO on your behalf. They will fill out the Next of Friend form and submit a copy of their letters of authority or order for guardianship with the petition.

If you are a minor, you can ask the court for a personal protection order (PPO). However, you cannot get a PPO on your own. You need help from someone called a next friend. A next friend is usually a parent or other adult whom you trust. Your next friend will file for the PPO for you.

PPOs are not for problems between parents and their children. You can’t get a PPO against your parent unless you are over 18 years old. If you are under 18 years old, you must be an emancipated minor.

Choosing your Next Friend
You may be able to choose your next friend depending on your age. If you are 13 years old or younger, the court will choose a next friend for you. If you are between 14 and 17, you may choose your own next friend.

Your next friend should be an adult you trust. Your next friend should be someone who has time to help you and is willing to help you. Your next friend can be any on the following people:
• Parent
• Other relative over the age of 18 years
• Teacher
• Religious leader
• Another adult you trust

Applying for a PPO:
Allegations in PPOs
You must provide as much information as you can about the respondent. Give their legal name, alias if known, address, date of birth, age. If enough information is not provided to properly identify the respondent, the Court will be unable to grant the PPO or enter it into the police lien system to be enforced.

You must only list events that occurred between you and the respondent. Incidents involving other people cannot be considered.

Personal protection orders protect the petitioner from the respondent. You may not put multiple petitioners on a petition. A separate petition must be filed for each petitioner, listing the specific acts of the respondent against the petitioner.

A petitioner must sign the petition himself. You may not sign for a third party unless you are granted status as a next of friend under the law. A next of friend may be granted when you have guardianship over the petitioner or if the petitioner is a minor.

You must be as specific as possible for each event. Do not make general statements like “he/she assaulted me” or he/she threatened me. Those statements mean nothing to the Judge. You should state what occurred. Listing the actions taken against you. Be sure to list any marks or injuries. Try to list the date and time of the event as close as possible.

The allegations must be in writing. Supporting evidence such as video or voice recordings can only be introduced at a hearing and must be submitted as outlined above under SUBMITTING EVIDENCE

Freedom of Speech:
Please remember that the court cannot stop constitutionally protected speech.

Protections:
Personal protection orders protect people. They are not for:
1. Protecting property
2. To resolve landlord tenant matters or to be used in place of a proper eviction
3. To resolve custody and parenting time disputes.

Service:
You should NOT have a friend or relative serve a personal protection order to a dangerous person. You should use a neutral third party to serve. Police Departments may be willing to serve documents for you. Some do charge a fee. The Court does not control this and you should contact the individual department for their policies, procedures, and fees if any. Please be advised some departments will not take credit cards. Please verify the method of payment before going to the department with your documents.

Violations:
If your PPO is being violated call 911. Do not engage in contact with the respondent. Get yourself to a safe place until police can respond. A petitioner cannot violate a PPO. Only a respondent can violate a PPO. However, if a petitioner contacts a respondent, that can be used as evidence for why a PPO should be terminated.

Anyone with access to your computer may be able to tell what web sites you have visited. It may be safer to use the internet at a public place such as a local library. Call the National Domestic Violence Hotline at 1-800-799-SAFE (7233) for assistance finding local resource contact information. Click here for Safe Place website.

Safety Planning

Your chances of being hurt by an abuser may increase when you leave an abusive relationship or seek legal help.  Planning for your safety ahead of time can help.  Your safety plan might include: 

1. Having others check in on you
2. Have a safe place to go if you feel threatened.
3. Have a list of telephone numbers and access to a phone for help
4. Create an escape plan.
5. Make a checklist of important things for you and your children to take with you

                Social Security Card

                Driver’s License

                Visa/Passport

                Copies of Important Paperwork

                Birth Certificates