After you file your motion and other documents, usually the court will set your motion for a hearing, if they did not give you a hearing date earlier. Sometimes the court will grant a motion to modify without a hearing, but this is typically for things like correcting spelling/clerical errors in the original PPO.
If you filed your motion in person, wait until you have either a hearing date from the court or your signed order(s) before you arrange to have papers served to the Respondent. Depending on your court, it could take a few business days to get a completed Notice of Hearing or signed order(s).
If you e-filed your motion, monitor your MiFILE account to receive the completed Notice of Hearing or signed order(s) from the judge. You should receive a response within a few business days.
Gather what you need for service.
If you receive a completed Notice of Hearing with a date and time for a hearing, this means a hearing has been set. If you receive an Order on Motion to Modify, Extend, or Terminate Personal Protection Order and a modified PPO, this means the judge made a decision without a hearing to modify the PPO. Either way, you must have the Respondent served with the document(s) you received from the court and the documents you filed.
If you receive a Notice of Hearing from the court, you must have the Respondent served at least seven days before the hearing with the following documents:
- Motion to Modify, Extend, or Terminate Personal Protection Order
- Any evidence attachments you filed with the motion
- The completed Notice of Hearing
How to serve: Have the papers served (sent) to the other party. You cannot serve the other party yourself. You can have the papers served by a police officer, professional process server, or a friend or relative who is over 18 years of age. This person must send the papers by registered or certified mail with return receipt requested and delivery restricted to the Respondent. The other party (Respondent) must sign the return receipt (the green card). The server’s address—not yours—should be the one on the return receipt. The person who arranged service should receive the return receipt in the mail or electronically from the Post Office. They must give you the green card to file with the Proof of Service.
If you receive the Order on Motion to Modify, Extend, or Terminate Personal Protection Order completed by the judge with a modified Personal Protection Order, this means the judge made changes to your PPO without a hearing. You must have the Respondent served with the following documents:
- Motion to Modify, Extend, or Terminate Personal Protection Order and any attachments you filed
- Order on Motion to Modify, Extend, or Terminate Personal Protection Order
- Modified Personal Protection Order
How to serve: Arrange for the documents to be served to the Respondent by registered or certified mail with return receipt requested and delivery restricted to the Respondent, or by personal delivery. You can have the papers served by a police officer, professional process server, or a friend or relative who is over 18 years of age. Do not serve the Respondent yourself. If the papers are served by mail, the server’s address—not yours—should be the one on the return receipt (the green card). The person who arranged service should receive the return receipt in the mail or electronically from the Post Office. They must give you the green card to file with the Proof of Service.