How to File a Motion to Enforce PPO after Violation

Use the Do-It-Yourself Motion to Enforce PPO after Violation to prepare your forms. You will get three forms:

• Motion to Show Cause for Violating Valid Personal/Foreign Protection Order 
• Order to Show Cause for Violating Valid Personal/Foreign Protection Order
• Proof of Service
• Order After Hearing on Show Cause for Violating Valid Personal/Foreign Protection Order

You must get the motion notarized. Wait to sign Section E of the motion form until you are in front of a notary. You can find a notary at the court clerk's office or at a bank. A notary at a bank is more likely to charge a fee.

You can file in the circuit court of any county in Michigan, regardless of which court issued your PPO. You can also file in any circuit court in Michigan if your protection order was issued in another state but violated in Michigan.

Many courts are changing the way filing is done. Some courts are offering filing by e-mail or e-Filing. To find out how you should file, visit the court website or call the court clerk’s office. To find contact information for your court, go to the Courts & Agencies section of Michigan Legal Help. To learn more about e-Filing and how to find out if it is available in your court, read What is E-Filing?

File the following with the court clerk’s office:

• Motion to Show Cause for Violating Valid Personal/Foreign Protection Order
• Order to Show Cause for Violating Valid Personal/Foreign Protection Order
• Any attachments relevant to the violation (for example, a police report following the violation)
• A copy of your PPO 
• A copy of the Proof of Service that was filed after your PPO was served on the respondent

It should not take longer than a few days for a judge to review your motion. If you do not hear from the court within a few days, call the court clerk’s office and ask how you can find out whether a judge has signed the order to show cause.

If the judge signs the order requiring the respondent to appear for a show cause hearing, or stating that a bench warrant will be issued for their arrest, have a copy of the signed Motion to Show Cause and Order to Show Cause served on the respondent. 

You must also have the respondent served with any attachments.

The respondent must be served at least seven days before the hearing date. You can pay someone to serve the papers, or you can have a friend or relative serve the papers if you think it is safe for them to do that. Remember, you can’t give the papers to the respondent yourself. An advocate from your local domestic violence organization may be able to help you figure out how to have the papers served.

The person who serves the respondent must complete the Proof of Service. If the server is someone other than a sheriff, bailiff, court officer, or attorney for a party, they must sign the Proof of Service in front of a notary. Then you or the server must file the completed Proof of Service with the court clerk’s office.

These are brief instructions about attending your court hearing. For more detailed instructions about going to court, watch the Going to Court video.

Go to the court on the scheduled day and time. Dress neatly. Arrive 10 or 15 minutes before your scheduled hearing time. Go to the clerk and tell them your name, that you are there for a hearing, and that you are representing yourself. Follow the clerk’s directions and do not interrupt any hearing in progress.

Bring the blank Order after Hearing on Show Cause for Violating Valid Personal/Foreign Protection Order with you to the hearing. The judge may ask you for the order at the end of the hearing so they can fill it out.

This may be your first of two hearings. If the respondent decides to enter a guilty plea at this hearing, then this will be the only court hearing. If they do not enter a guilty plea, then the judge will set a date for the violation hearing. The first hearing is called an appearance if the respondent has not been arrested. It is called an arraignment if they have been arrested.

At the first hearing, the judge will tell the respondent the following information:

• What your allegations are 
• They have the right to contest the allegations at a contempt hearing
• They are entitled to a lawyer’s help at the hearing
• If the judge determines that they might sentence the respondent to jail, the judge will appoint a lawyer at public expense if the respondent wants a lawyer but can’t afford one. 

At this hearing, the respondent may plead guilty to violating the PPO. If they plead guilty, they give up their right to have a contested hearing (a trial) on whether they violated the PPO.

If the respondent requests a lawyer and cannot afford one, the judge will appoint a lawyer for them. The judge will also set bond and schedule a second hearing date to determine whether the respondent violated the PPO.

If the respondent does not plead guilty of contempt of court for violating the PPO, and if you do not already have a lawyer, the court must notify the prosecuting attorney of the upcoming contempt hearing. 

Typically, a violation of a PPO involves criminal contempt of court, although in rare cases it involves civil contempt. The prosecuting attorney must prosecute a criminal contempt proceeding unless one of the following happens: 

• You retain your own lawyer for the criminal contempt proceeding;
• The prosecutor determines that the PPO was not violated; or
• The prosecutor decides that it would not be in the interests of justice to prosecute the criminal contempt violation. 

If you cannot afford to hire a lawyer, consider contacting your local legal aid office. Use the Guide to Legal Help to see if you qualify for free legal help from your local legal services office. Even if they are not able to represent you, they could still offer you advice and other help.

This hearing is when the judge will determine whether or not the respondent violated your PPO. There is no right to a jury trial for this type of hearing.

Go to the court on the scheduled day and time. Dress neatly. Arrive 10 or 15 minutes before your scheduled hearing time. Go to the clerk and tell them your name, that you are there for a hearing, and that you are representing yourself. Follow the clerk’s directions and do not interrupt any hearing in progress.

Bring another copy of the blank Order after Hearing on Show Cause for Violating Valid Personal/Foreign Protection Order with you to the hearing. (This is the same order that you brought to the first hearing.) The judge may ask you for the order at the end of the hearing so they can fill it out.

You have the burden of proving the respondent’s guilt of criminal contempt of court beyond a reasonable doubt. (Or if you have a lawyer or the prosecuting attorney took your case, they have this burden of proof.) You must present evidence to convince the judge that the respondent violated your PPO. The Michigan Rules of Evidence apply, even if you do not have a lawyer. This means you will be expected to present evidence according to these rules.

Both sides will have the opportunity to present evidence and to examine and cross-examine witnesses. 

At the end of the hearing, the judge will make a decision. If the judge finds the respondent guilty of criminal contempt or the respondent pleads guilty, the court will impose a jail sentence of no more than 93 days and may order a fine of up to $500. In addition, the judge may add new conditions to the PPO.