To file an ex parte motion in Michigan, you pick the SCAO-approved form that matches your case type, prepare a sworn affidavit describing specific facts that show immediate and irreparable harm, attach a proposed order, and file the package with the circuit court clerk in the county where your case is pending or being started. The judge reviews it without notice to the other side and either signs the order, denies it, or sets a hearing. Get any detail wrong and the motion comes back.
Pick the Right Form First
Michigan uses different ex parte forms depending on the type of case, and using the wrong one is one of the fastest routes to a rejected filing.
- For custody or parenting time, use form FOC 137 (Affidavit for Ex Parte Motion for Custody or Parenting Time) together with form FOC 138 (the proposed order the judge signs if the request is granted).1Michigan Courts. Affidavit for Ex Parte Motion for Custody or Parenting Time
- For a personal protection order against a current or former spouse, household member, co-parent, or dating partner, use form CC 375.2Michigan Courts. Petition for Personal Protection Order (Domestic Relationship)
- For a PPO involving stalking, harassment, or sexual assault by someone you have no domestic relationship with, use form CC 377.3Michigan Courts. Petition for Personal Protection Order (Nondomestic)
- For a civil temporary restraining order, there is no single SCAO form. You draft a written motion, a supporting affidavit, and a proposed order following MCR 2.119 and MCR 3.310. Local formatting varies, so call the clerk’s office before drafting.
Every SCAO-approved form is free to download from the Michigan Courts forms page.4Michigan Courts. Forms
What the Judge Is Actually Looking For
Whichever form you use, the legal test is essentially the same: your affidavit has to show, through specific facts, that immediate and irreparable harm will occur in the time it would take to notify the other party, or that giving notice would itself cause the other party to act against you before the court can step in. MCR 3.207 governs family cases and MCR 3.310 governs civil matters.5Michigan Courts. Amendments of Rules 3.207 and 3.210 of the Michigan Court Rules
Vague fears fail. “I’m worried about what might happen” gets denied. The affidavit needs concrete events with dates and details that explain why waiting even a few days for a regular hearing would cause damage that a later order could not undo. A parent who learns the other parent has bought one-way plane tickets for the children has the kind of specific, time-sensitive facts that meet this threshold.
Custody and Parenting Time Have Extra Requirements
If your request would change custody or parenting time, MCR 3.207 requires more than urgency. Your affidavit has to describe the child’s established custodial environment and state whether the proposed order would change it. If it would, you must present facts showing clear and convincing evidence that the change is in the child’s best interest. The court schedules an evidentiary hearing within 21 days whenever an ex parte order could alter the custodial environment.5Michigan Courts. Amendments of Rules 3.207 and 3.210 of the Michigan Court Rules
Civil TROs Require a Notice Certification
MCR 3.310 adds one procedural step for civil TROs: your attorney must certify in writing what efforts were made to notify the other side and explain why notice should not be required.6Michigan Courts. Opinion and Order Denying Ex Parte Motion for Temporary Restraining Order Self-represented filers should include a written statement addressing the same points.
Writing the Affidavit
The affidavit is the heart of the request, and a weak one is the most common reason these motions get denied. Under MCR 2.119, any affidavit supporting a motion must be based on personal knowledge, state specific facts that would be admissible as evidence, and show that the signer could testify competently about those facts if called as a witness.7Michigan Courts. Requirements for Affidavits
For family cases, form FOC 137 walks you through the required content in a structured format. You will need to provide the child’s full name and age; a description of the established custodial environment identifying who the child looks to for guidance, discipline, daily needs, and comfort, with the facts supporting that relationship; the reason for the emergency, selecting whether giving notice would cause adverse action or whether delay would cause irreparable harm, and explaining with specific facts; and a statement of whether the order you are asking for would change the child’s established custodial environment, with an explanation.
The affidavit must be signed under oath in front of a notary public or deputy court clerk.1Michigan Courts. Affidavit for Ex Parte Motion for Custody or Parenting Time Do not sign at home and bring it in. The notarization has to happen at the moment of signing. Most clerk’s offices offer notary services, or you can visit a notary beforehand.
Attach the evidence you have: police reports, threatening text messages or emails, medical records, photographs, school records. Supporting documents turn your account from an assertion into something a judge can evaluate on its own.
Drafting the Proposed Order
Every ex parte motion includes a proposed order, which is the document the judge actually signs. For family cases, that document is form FOC 138. For personal protection orders, the court generates the order from the information in your CC 375 or CC 377 petition. For civil TROs, you draft the order yourself.
The proposed order has to spell out exactly what conduct is prohibited or required. A vague order like “respondent must stay away” is not enforceable. Specify what you need: no contact by phone, text, email, or through third parties; no presence within a stated distance of a stated address; temporary custody to the petitioner with no removal of the children from the state. If a police officer cannot read the order and immediately know what is and is not allowed, a judge will likely send it back for revision.
Filing With the Clerk
File the completed package with the Clerk of the Court in the county where your case is pending, or where you are opening the action. The package includes the motion, the affidavit, the proposed order, and copies of any supporting evidence.
Michigan’s MiFILE system supports electronic filing in many trial courts, and in some courts e-filing is required for certain case types.8Michigan Courts. MiFILE If you cannot use MiFILE because of lack of internet access, a disability, or another reason, you can request an exemption and file on paper.9Michigan Legal Help. What is E-Filing? For an ex parte motion where every hour counts, filing in person at the clerk’s office and asking for expedited handling is often the faster route.
The circuit court motion filing fee is $20.10Michigan Courts. Circuit Court Fee and Assessments Table For personal protection orders, the court cannot charge motion fees for certain related motions, including motions to dismiss, modify, or show cause for a PPO violation. If you cannot afford the fee, submit form MC 20, the Fee Waiver Request. You qualify if your gross household income is below 125 percent of the federal poverty guidelines, or if paying would cause financial hardship even above that threshold.11Michigan Courts. Fee Waiver Request
After You File
Once the clerk accepts the filing, the motion goes to the assigned judge. There is no statewide rule guaranteeing review within a set number of hours, but courts generally treat ex parte motions as priority matters. If your situation involves an imminent threat to a child or physical safety, tell the clerk and ask whether the judge can review it the same day.
The judge can grant the order, deny it, or set an expedited hearing to gather more information first. A denial will usually come with an explanation, and you can still file a regular motion with notice to the other party.
Serving the Signed Order
If the judge signs, you are responsible for serving the order on the other party and, in family cases, the Friend of the Court. Under MCR 3.207, service must happen within three days of the order being issued.5Michigan Courts. Amendments of Rules 3.207 and 3.210 of the Michigan Court Rules Use a process server or another authorized person. You cannot serve the documents yourself. Late service can leave the order expired or unenforceable.
The 14-Day Objection Window
The other party has 14 days after being served to file a written objection. In family cases, an objection sends the dispute to the Friend of the Court, which tries to resolve it within 14 days; if that fails, the court schedules an evidentiary hearing within 21 days.5Michigan Courts. Amendments of Rules 3.207 and 3.210 of the Michigan Court Rules
If nothing is filed within those 14 days, the ex parte order automatically becomes a temporary order that stays in place until the court changes it. Ignoring the order does not make it go away. And even while an objection is pending, the ex parte order remains in force and must be obeyed unless a later court order modifies it.
What Violating the Order Costs
Violating an active ex parte order is contempt of court. Under Michigan law, contempt can bring a fine of up to $250, up to 30 days in jail, or both.12Michigan Legislature. Michigan Compiled Laws 600-1715 When the contempt involves failing to do something the person still has the power to do, such as returning a child or vacating a residence, the court can extend imprisonment until the person complies. Civil contempt can also require the violator to pay the other party’s actual losses, including attorney fees.13Michigan Courts. Distinguishing Civil and Criminal Contempt Violating a personal protection order can also trigger separate criminal charges under Michigan’s PPO enforcement statutes.
Lying in the Affidavit Is a Felony
Because ex parte orders bypass the other party’s right to be heard, Michigan courts treat false statements in supporting affidavits as a serious offense. Willfully swearing to false facts is perjury under MCL 750.423, a felony carrying up to 15 years in prison.14Michigan Legislature. The Michigan Penal Code Act 328 of 1931 Chapter LXII Perjury If the judge suspects perjury during a proceeding, the court can immediately order the person into custody or require a bond pending indictment.
Beyond the criminal exposure, a false affidavit will almost certainly get the ex parte order vacated and can severely damage your credibility in the underlying case. Stick to verifiable facts and let the evidence carry the weight.