Instructions For Personal Protection Forms {P-02} | Pdf Fpdf Doc Docx | Michigan

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Instructions For Personal Protection Forms {P-02} | Pdf Fpdf Doc Docx | Michigan

Instructions For Personal Protection Forms {P-02}

This is a Michigan form that can be used for Personal Protection within Statewide.

Alternate TextLast updated: 10/29/2006

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Instructions for PERSONAL PROTECTION FORMS Instructions for the legal process when using Forms: 1. CC 375 - Petition for Personal Protection Order (Domestic Relationship) and CC 376 - Personal Protection Order (Domestic Relationship) CC 377 - Petition for Personal Protection Order Against Stalking (Non Domestic) and CC 380 - Personal Protection Order Against Stalking (Non Domestic) CC 381 - Notice of Hearing on Petition for Personal Protection Order 2. 3. Table of Contents Important Notice ...................................................................................................... Page 2 Steps to Follow - Getting an Order Without a Hearing ................................................................... Page 3 - Getting an Order With a Hearing ........................................................................ Page 5 - How to Serve Copies of Forms.......................................................................... Page 7 Information About the Hearing ................................................................................. Page 8 P-02 (6/04) American LegalNet, Inc. www.FormsWorkflow.com IMPORTANT NOTICE By using this forms packet you are representing yourself in a court action to get a personal protection order. In order to receive the protection or action you seek, you must follow the instructions in this booklet and on the forms. If you fail to do even one of the required steps, the order you get from the court could be ineffective and you could remain unprotected. The three most important things you will have to do are: 1) get the order signed by the judge. 2) provide legal notice of the court's order to the person to be restrained. 3) follow up with the law enforcement agency to make sure they entered the order on LEIN. This booklet will help you with these duties. Here are some things you may need before you fill out the forms. · Forms and instructions. · Money to pay the costs of serving papers on the restrained person. Service may cost between $10.00 and $100.00. · Information about the person to be restrained such as name, date of birth, age, address, place of employment, physical description, etc. · Copies of divorce, annulment, separate maintenance, paternity, support, custody or any other judgments or orders involving you and the person you want restrained. · Notarized, written statements from witnesses if there are any. · Copies of supporting documents or materials (reports from police, social agencies, doctors, or hospitals) if there are any. This information is important for the judge in making a decision, but is not necessary for the judge to enter an order. Now complete the forms that fit your situation. If you don't understand something on the forms, ask the circuit court clerk to explain the terms or process to you. After you have filled out the forms, go to the Table of Contents on the front of this booklet and find out which pages you need to read for directions on how to get your personal protection order. Read these instructions carefully. You are acting as your own attorney and these instructions will help you with the legal process. The laws of Michigan do not allow the employees of the court or the judge to give you legal advice. If you require special accommodations to use the court because of a disability, please contact the court immediately to make arrangements. Page 2 American LegalNet, Inc. www.FormsWorkflow.com Follow these steps if you have requested an ex parte order (order without a hearing) on Form CC 375 or Form CC 377. 1. 2. Fill out the forms that apply to your situation using the instructions on the forms. File the Petition and Order form with the county clerk. Take the forms to the circuit court clerk in the county where you are seeking the order. Bring 3 sets of statements from witnesses and supporting documents if you have any. The circuit court clerk will finish filling out the form, will attach your written statements and supporting documents to the proper copies, and will return copies of both forms to you. Do not lose these copies. What you should have when you leave the clerk's office: Green, Blue, Pink, and Yellow copies of CC 375 or CC 377 All 6 copies of CC 376 or CC 380 3. Get the order signed. Ask the circuit court clerk for instructions to the judge's office. Go to the judge's office as soon as possible. Leave the green copy of the petition form (with attachments) and all copies of the order form with the judge's staff. Ask when to come back for the signed order. What you should have when you leave the judge's office: Blue, Pink, and Yellow copies of CC 375 or CC 377 and 1 set of attachments for yourself. Do not lose these copies and the attached materials; you will need them later. 4. Pick up the signed order from the judge. If the judge's office does not send the order to the circuit court clerk, go back to the judge's office on the day and time you were told to pick up the signed order. What you should have when you leave the judge's office: White, Green, Blue, Pink, Yellow, and Goldenrod copies of CC 376 or CC 380 If the judge will not sign the order without a hearing, he or she must state the reasons in writing at that time. Ask for a copy of these written reasons. If you are told you can request a hearing and want to schedule one, return to the circuit court clerk to do so (see page 5). 5. Return to the circuit court clerk. Unless the order form was already sent to the clerk by the judge's office, return to the clerk's office with: Page 3 American LegalNet, Inc. www.FormsWorkflow.com White, Green, Blue, Pink, Yellow, and Goldenrod copies of CC 376 or CC 380 Blue and Yellow copies of CC 375 or CC 377 The circuit court clerk will stamp the order, keep the original and green copy and return 4 copies to you. The clerk will send a true copy of the order to the law enforcement agency. If you want to take the order to the law enforcement agency also, the clerk will make a true copy for you. 6. Serve the petition and signed order on the respondent. What you need for service: Blue copies of CC 375 and CC 376 or CC 377 and CC 380 - for respondent Yellow copies of CC 375 and CC 376 or CC 377 and CC 380 - for proof of service Goldenrod copy of CC 376 or CC 380 - for proof of service The respondent must be served (notified) as soon as possible: 1) by registered mail return receipt requested, with restricted delivery to the respondent; or 2) in person. You may serve the respondent by first class ma

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