An ex parte order in Michigan is a court order a judge signs at one party’s request without first notifying the other side. Judges issue them only when sworn, specific facts show that waiting for a normal hearing — or even giving the other party notice that one is coming — would cause irreparable harm. The order is temporary, it takes effect immediately, and the restrained party has 14 days after being served to object.
When a Judge Will Sign One
The legal authority in family cases is Michigan Court Rule 3.207, which lets a judge act on “specific facts set forth in an affidavit or verified pleading” showing that delay would cause irreparable injury, or that giving notice would itself trigger harmful action by the other party.1Michigan Courts. Michigan Court Rules – Rule 3.207 Ex Parte, Temporary, and Protective Orders
“Irreparable” is the load-bearing word. It means harm that money or a later order cannot undo. A parent about to leave the state with a child, a spouse draining marital accounts, a person facing immediate physical danger — these are the situations that clear the bar. General unhappiness with the other party or vague fears do not. Judges look for dates, locations, witnesses, and specifics; conclusory statements get denied.
Custody-related ex parte orders carry an extra requirement. The affidavit must address whether the child has an established custodial environment and explain, by clear and convincing evidence, why changing that environment serves the child’s best interests.1Michigan Courts. Michigan Court Rules – Rule 3.207 Ex Parte, Temporary, and Protective Orders Courts are reluctant to move a child on one parent’s word alone, and the standard reflects that.
Family Law Orders Versus Personal Protection Orders
Which track you’re on determines the rules, the paperwork, and how long the order lasts.
Family Law Ex Parte Orders
Most ex parte orders in Michigan come out of family court under MCR 3.207. They can address temporary custody, parenting time, and child support, and they can freeze bank accounts or block the sale of real estate and other major assets while a divorce is pending. They are deliberately narrow. A judge will not use one to resolve the whole custody fight or divide marital property — only to stop imminent harm until a full hearing can be held.
Personal Protection Orders
PPOs run on a separate statutory track. Under MCL 600.2950, a person can petition the family division of circuit court for protection against a spouse, former spouse, someone they share a child with, a dating partner, or a household member. The order can bar the restrained person from entering the petitioner’s home, assaulting or threatening the petitioner, removing minor children, buying 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 don’t involve a domestic relationship. Both statutes allow a judge to issue the order ex parte when the petition shows immediate and irreparable harm from delay, or that notice would provoke the very conduct the order is meant to prevent.3Michigan Legislature. Michigan Compiled Laws 600.2950a – Personal Protection Orders
How to Request One
The process starts with a written motion and a sworn affidavit filed in the appropriate court. The affidavit does the real work. It must set out facts based on the signer’s personal knowledge, and Michigan courts require that the signer be able to testify to those same facts under oath as a witness.4Michigan Courts. Michigan Courts Requirements for Affidavits
Concrete detail beats emotion. “I fear for my child’s safety” without more will usually fail. A specific incident on a specific date, corroborated by a police report or medical record, has a real chance. The judge reviews the paperwork without a hearing and without the other party present, then either signs the order or denies it. A denial doesn’t end the case — the requesting party can still pursue the same relief through the normal noticed-hearing process.
After a family law ex parte order is signed, the requesting party must serve a true copy on the other party and on the Friend of the Court within three days.1Michigan Courts. Michigan Court Rules – Rule 3.207 Ex Parte, Temporary, and Protective Orders Service is what starts the objection clock.
The 14-Day Objection Window
Once served with a family law ex parte order, the respondent has 14 days to file a written objection or a motion to modify or rescind. Copies go to the court clerk, 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 Miss that deadline and the ex parte order automatically converts into a temporary order that stays in place until the court replaces it with a final order.
A timely objection in a family case sends the matter to the Friend of the Court, which has 14 days to try to resolve the dispute. If that fails, the Friend of the Court schedules an evidentiary hearing that must take place within 21 days.1Michigan Courts. Michigan Court Rules – Rule 3.207 Ex Parte, Temporary, and Protective Orders At that hearing both sides present evidence, and the judge decides whether to extend, modify, or dissolve the order.
When an ex parte order changes a child’s established custodial environment, an evidentiary hearing is required within 21 days regardless of whether anyone objects, and the order itself must include the hearing date.1Michigan Courts. Michigan Court Rules – Rule 3.207 Ex Parte, Temporary, and Protective Orders
For PPOs, the 14-day window also applies: the restrained person can move to modify or rescind within 14 days of being served or otherwise learning of the order. The court must then hold a hearing within 14 days of the motion, or within five days if the PPO includes a firearm prohibition.2Michigan Legislature. Michigan Compiled Laws Section 600.2950
How Long the Order Lasts
A family law ex parte order under MCR 3.207 stays 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 objection is filed in the 14-day window, it simply carries forward as the temporary order in the case.
An ex parte PPO runs for a statutory minimum 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 the order expires. Even if the restrained party successfully challenges the PPO at a hearing, it remains enforceable until the judge formally modifies or dissolves it.
Penalties for Violating an Ex Parte Order
An ex parte order has the full force of a court order the moment the judge signs it. Disagreeing with it is not a defense. The remedy is to object through the process above, not to ignore the terms.
Violating a PPO carries mandatory imprisonment of up to 93 days and a fine of up to $500, and those criminal contempt penalties can stack on top of charges for any other crimes arising from the same conduct.2Michigan Legislature. Michigan Compiled Laws Section 600.2950 Law enforcement can arrest on the spot without waiting for a hearing.
Violations of other ex parte orders, such as custody or asset-freeze orders, are punished through the court’s general contempt power: a fine of up to $250, up to 30 days in jail, or both.5Michigan Legislature. Michigan Compiled Laws 600-1715 When the contempt involves failing to do something still within the person’s power — returning a child, releasing frozen funds — the jail time can continue until they comply.