An ex parte order in Michigan is a court order a judge signs at one party’s request, without first notifying the other side, when sworn facts show that waiting for a normal hearing would cause irreparable harm. These orders are temporary, narrowly focused on preventing immediate damage, and the person restrained by one has 14 days after being served to object and trigger a full hearing.
When a Judge Will Sign One
The requesting party has to clear a high bar. Michigan Court Rule 3.207 requires “specific facts set forth in an affidavit or verified pleading” showing either that irreparable injury, loss, or damage will occur if the court waits to notify the other side, or that giving notice would itself provoke the harmful conduct the order is meant to stop.1Michigan Courts. Michigan Court Rules – Rule 3.207 Ex Parte, Temporary, and Protective Orders
Irreparable means harm that money or a later order cannot undo. A parent preparing to leave the state with a child, a spouse draining joint accounts, or an immediate threat of violence are the kinds of situations that justify skipping notice. General unhappiness with the other party does not.
When the request involves custody, the standard climbs higher. The affidavit must address whether the child has an established custodial environment and show by clear and convincing evidence that changing it serves the child’s best interests.1Michigan Courts. Michigan Court Rules – Rule 3.207 Ex Parte, Temporary, and Protective Orders Michigan courts do not uproot a child’s living situation on one parent’s word alone without compelling proof.
Family Law Orders Under MCR 3.207
Most ex parte orders in Michigan arise in family court. They can temporarily change custody or parenting time, order child support, freeze bank accounts, or prohibit the sale of real estate and other major marital assets while a divorce is pending.
These orders are deliberately limited in scope. A judge will not resolve a full custody dispute or divide marital property through an ex parte order. The purpose is to hold the situation steady until both sides can appear at a hearing.
Personal Protection Orders
Michigan’s PPO statutes provide a separate ex parte track for domestic violence and stalking cases. Under MCL 600.2950, a person can petition the family division of circuit court for protection against a spouse, former spouse, co-parent, dating partner, or household member. The order can prohibit the restrained person from entering the petitioner’s home, assaulting or threatening the petitioner, removing minor children, purchasing or possessing firearms, and interfering with the petitioner’s employment or education.2Michigan Legislature. Michigan Compiled Laws Section 600.2950
MCL 600.2950a provides a parallel process for stalking situations that do not involve a domestic relationship. Both statutes let a judge issue the PPO ex parte when the petition shows that delay would cause immediate and irreparable harm, or that notice would provoke the behavior the order aims to prevent.3Michigan Legislature. Michigan Compiled Laws 600.2950a – Personal Protection Orders
How to Request an Ex Parte Order
The process starts with a written motion filed at the appropriate court, together with a sworn affidavit. The affidavit does most of the work. It has to lay out specific facts from the signer’s personal knowledge, not secondhand reports or speculation, and the signer must be able to testify to those same facts under oath as a witness.4Michigan Courts. Michigan Courts Requirements for Affidavits
Specifics carry the day. Dates, places, exact words used, witnesses, and supporting records such as police reports or medical documentation give the judge enough to act without hearing from the other side. A statement that says only “I am afraid for my child’s safety” rarely succeeds. One that describes a particular incident on a particular date, backed by a report, has a much stronger chance.
The judge then reviews the paperwork alone. There is no courtroom argument. If the evidence meets the threshold, the judge signs the order. If it does not, the judge denies the request, and the party can still seek relief through the normal hearing process.
After signing, the person who obtained an order under MCR 3.207 must have a true copy served on both the other party and the Friend of the Court within three days.1Michigan Courts. Michigan Court Rules – Rule 3.207 Ex Parte, Temporary, and Protective Orders Service is how the restrained party first learns of the order, and it starts the clock on their right to respond.
Challenging an Order After You Are Served
The restrained party has 14 days from service to file a written objection or a motion to modify or rescind the order with the court clerk, with copies delivered to the Friend of the Court and the party who obtained the order.1Michigan Courts. Michigan Court Rules – Rule 3.207 Ex Parte, Temporary, and Protective Orders Missing that deadline is costly. If no objection is filed within 14 days, the ex parte order automatically becomes the temporary order in the case and governs until a final order replaces it.
The same 14-day window applies to personal protection orders under MCL 600.2950 and 600.2950a. Once a motion to modify or rescind is filed, the court must schedule a hearing within 14 days, or within 5 days if the PPO includes a firearm prohibition.2Michigan Legislature. Michigan Compiled Laws Section 600.2950
In family law cases, a timely objection first goes to the Friend of the Court, which has 14 days to try to resolve the dispute between the parties. If that effort fails, the Friend of the Court schedules an evidentiary hearing, which must take place within 21 days.1Michigan Courts. Michigan Court Rules – Rule 3.207 Ex Parte, Temporary, and Protective Orders At the hearing, both sides present evidence and the judge decides whether to extend, modify, or dissolve the order.
One situation produces an automatic hearing with no objection required. If an ex parte order changes a child’s established custodial environment, the court must hold an evidentiary hearing within 21 days of the order being entered, and the order itself must state that hearing date.1Michigan Courts. Michigan Court Rules – Rule 3.207 Ex Parte, Temporary, and Protective Orders
How Long the Order Stays in Force
A family law ex parte order under MCR 3.207 remains in effect until the court modifies it or replaces it with a temporary or final order.1Michigan Courts. Michigan Court Rules – Rule 3.207 Ex Parte, Temporary, and Protective Orders If no one objects, it becomes the temporary order governing the case.
Ex parte personal protection orders have a statutory minimum duration of 182 days, with an expiration date printed on the order.2Michigan Legislature. Michigan Compiled Laws Section 600.2950 The petitioner can ask for a longer duration or seek renewal before expiration. Even if the restrained party challenges the PPO, it stays enforceable until the judge formally modifies or dissolves it.
Penalties for Violating the Order
An ex parte order carries the full force of the court from the moment the judge signs it. Disagreement with the order is not a defense. The correct response is a timely objection, not noncompliance.
For a PPO violation, an adult faces up to 93 days of imprisonment and a fine of up to $500 for criminal contempt, in addition to any charges arising from the underlying conduct.2Michigan Legislature. Michigan Compiled Laws Section 600.2950 A PPO violation can also result in immediate arrest without waiting for a court hearing.
For other ex parte orders, including those involving custody or asset protection, violation is punished through the court’s general contempt power: a fine of up to $250, imprisonment of up to 30 days, or both.5Michigan Legislature. Michigan Compiled Laws 600-1715 When the contempt involves failing to do something still within the person’s power, such as returning a child or releasing a frozen account, the jail time can continue until the person complies.