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You are not required to tell the court in Michigan if you move. However, it might be a good idea to give the court a current address so that you can be notified of any actions that are taken regarding your personal protection order (PPO). Ask the court to keep your contact information confidential if you do not want the defendant or others to find you by looking in the court file.
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Yes. If you have a valid Michigan personal protection order (PPO) that meets federal standards, it can be enforced in another state. The Violence Against Women Act, which is a federal law, states that all valid PPOs granted in the United States receive "full faith and credit" in all state and tribal courts within the U.S, including U.S. territories.
Each state must enforce out-of-state PPOs in the same way it enforces its own orders. Meaning, if your abuser violates your out-of-state PPO, she/he will be punished according to the laws of whatever state you are in when the order is violated. This is what is meant by "full faith and credit." To make this even clearer, every Michigan PPO says that the order is enforceable in any state as long as the defendant has been notified of the order. MCL 600.2950(11)(b).
A PPO is valid anywhere in the USA if:
Yes. Temporary ex-parte orders can be enforced by other states, just like any regular personal protection order (PPO), as long as the abuser has been served and will have the opportunity to have a court hearing set before your temporary order expires.
The state where you are going cannot extend your temporary order, or issue you a permanent order when the temporary one expires. If you need to extend your temporary order, you will have to contact the state that issued the order and arrange to be at the hearing in person or by telephone (if that is an option offered by the court).
As of April 1, 2002, a peace officer, without a warrant, may arrest and take into custody a person when the officer has positive information that a "foreign protection order" has been violated in Michigan. An officer may rely on a copy of the order if it contains all of the following:
Verification on L.E.I.N. or the NCIC national protection order file is not required. The officer may rely on the petitioner's or respondent's statement that the respondent has received prior notice of the order. A person who violates a foreign protection order that is a conditional release order or a probation order issued by another court in a criminal proceeding is guilty of a misdemeanor, punishable by up to 93 days and/or $500. (See 2001 PA 197; MCL 600.2950m.)
Federal law does not require you to take any special steps to get your personal protection order (PPO) enforced in another state. But, many states have laws or regulations about enforcement of out-of-state orders. These rules differ from state to state, so it is important to find out what the rules are in the other state before you try to get your PPO enforced there. For example, a state may ask you to "register" or file your order so that the court and the police know about it.Although knowing the state rules can make enforcement easier, a valid PPO is enforceable regardless of whether it has been registered or filed in the new state.Note: It is important to keep a copy of your PPO with you at all times. It is also a good idea to know the rules of states you will be living in or visiting to ensure that your out-of-state order can be enforced in a timely manner.
In some states, you will need a certified copy of your personal protection order (PPO). A certified copy says that it is a "true and correct" copy; it is signed and initialed by the clerk of court that gave you the order, and usually has some kind of court stamp on it or embossed (raised) seal.
In Michigan, a certified order has a court seal on it and either the judge’s original signature or a stamp of the judge’s signature along with a “true copy” stamp. When the PPO was issued, you should have received two certified copies of the order (MCL 600.2950(15)(b)). If your copy is not a certified copy, go back to the court that gave you the order and ask the clerk's office for a certified copy. There is usually no fee to get a certified copy of a Michigan PPO, but you may have to pay for the copies.
Note: It is a good idea to keep a copy of the order with you at all times. You will also want to bring several copies of the order with you when you move. Leave copies of the order at your work place, at your home, at the children's school or daycare, in your car, with a sympathetic neighbor, etc. Give a copy to the security guard or person at the front desk where you live and/or work. Give a copy of the order to anyone who is named in and protected by the order.
If your personal protection order (PPO) is registered in the new state, it is easier for law enforcement officials to verify that your order is valid. When police officers arrive on a scene, they generally check to see if your PPO is registered in the state's registry. If it is not listed in the state registry, the police officer will have to look through the national registry or call the court where the order was issued. This takes longer and it could mean that your PPO is not enforced right away.
When you register your PPO in a new state, some states (not all) will notify your abuser that the PPO has been registered in the new state. If you do not want your abuser to find out what state you have relocated to, it is important to understand what the rules are in your new state.
You do not need a lawyer to get your personal protection order (PPO) enforced in another state. However, you may want to get help from a local domestic violence advocate or attorney in the state that you move to. A domestic violence advocate can let you know what the advantages and disadvantages are for registering your PPO, and help you through the process if you decide to do so.
You may also want to check with the prosecutor in the county where you are to see if that office can help. PPO violation hearings can turn into "mini trials" with witnesses, testimony, exhibits, etc. The local prosecutor may be required by state law to help put your evidence before the court.