Personal Protection Orders
All Personal Protection forms need to be filed with the Circuit Court Records Division of the County Clerk’s Office on the main level of the Allegan County Courthouse. There is no filing fee to file for a Personal Protection Order.
Personal Protection Forms
What is a Personal Protection Order?
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.
The person filing for the order is called the petitioner and the person whom you are filing the petition against is called the respondent.
NOTE: A Personal Protection Order can only be one petitioner against one respondent.
Legal Obligations in Filing for a Personal Protection Order
You assume certain legal obligations when you apply for a Personal Protection Order. Meeting these obligations is essential for the success of your order and for you and/or your children’s safety.
The following is a list of your obligations as the Petitioner:
- You must avoid contact with the respondent. Once a Personal Protection Order is signed by the Judge, the order (although not expressly stated) prohibits you from allowing or giving permission to the respondent to engage in behaviors that the Judge has ordered not to occur. If you need to have the order changed or terminated, you must file the appropriate motion requesting the court to do so.
- You must serve the respondent.
Service may be completed by one of the following:
- Personal Service- You cannot serve the respondent yourself. A Process server or someone you trust, such as a friend or relative, over the age of 18, must complete service.
- Certified Mail- Restricted delivery to the respondent only.
- After service has been made, the proof of service must be completed and returned to the Clerk’s Office. If the respondent is served by certified mail, then you must fill out the proof of service form and attach the green card, which has been signed by the respondent.
- Be truthful in all statements you make to the Court. An individual who knowingly and intentionally makes a false statement to the Court in support of his or her petition, or intentionally alters the Court’s Order, is subject to contempt sanctions.
NOTE: The respondent will receive a letter from the Michigan State Police stating that he/she cannot get a license to purchase a pistol not a license to carry a concealed weapon. This letter is sent even if the respondent is not served.
If Petition Involves a Minor
If you are filing for a Personal Protection Order and you (Petitioner) are under the age of 18, a next of friend form must be completed by a parent or legal guardian. In addition, the parent or guardians name must be written above the Petitioners name on each page and signed where signature is required.