Know the Laws: Michigan
UPDATED October 23, 2012
If you are moving out of state or are going to be out of the state for any reason, your MI personal protection order can be enforceable.
- General rules
- Getting your PPO enforced in another state
- Enforcing custody provisions in another state
General rules
back to topCan I get my Personal Protection Order from Michigan enforced in another state?
Yes. If you have a valid Michigan 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 US, including US territories. See How do I know if my PPO is good under federal law? to find out if your PPO qualifies.
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, s/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.*
* Mich. Laws §600.2950(11)(b)
back to topHow do I know if my PPO is good under federal law?
A PPO is good anywhere in the United States as long as:
- It was issued to prevent violent or threatening acts, harassing behavior, sexual violence, or it was issued to prevent another person from coming near you or contacting you.*
- The court that issued the order had jurisdiction over the people and case. (In other words, the court had the authority to hear the case.)
- The abuser received notice of the order and had an opportunity to go to court to tell his/her side of the story.
- In the case of ex parte temporary and emergency orders, the abuser must receive notice and have an opportunity to go to court to tell his/her side of the story at a hearing that is scheduled before the temporary order expires.**
Note: For information on enforcing a military protective order (MPO) off the military installation, or enforcing a civil protection order (CPO) on a military installation, please see our Military Protective Orders page.
* 18 U.S.C. § 2266(5)
** 18 U.S.C. § 2265(a) & (b)
back to topI have a temporary ex parte order. Can it be enforced in another state?
Yes. An ex parte temporary order can be enforced in other states as long as it meets the requirements listed in How do I know if my PPO is good under federal law?*
Note: The state where you are going generally cannot extend your ex parte 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). However, you may be able to reapply for one in the new state that you are moving to if you meet the requirements for getting a protective order in that state – but, if you apply for one in a new state, the abuser would know what state you are living in, which may put you in danger.