October 17, 2007, Introduced by Rep. Calley and referred to the Committee on Judiciary.
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
by amending sections 2950 and 2950a (MCL 600.2950 and 600.2950a),
section 2950 as amended by 2001 PA 200 and section 2950a as amended
by 2001 PA 201.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 2950. (1) Except as provided in subsections (27) and
(28), by commencing an independent action to obtain relief under
this section, by joining a claim to an action, or by filing a
motion
in an action in which the petitioner and the individual to
be
restrained or enjoined respondent
are parties, an individual may
petition the family division of circuit court to enter a personal
protection order to restrain or enjoin a spouse, a former spouse,
an individual with whom he or she has had a child in common, an
individual with whom he or she has or has had a dating
relationship, or an individual residing or having resided in the
same household as the petitioner from doing 1 or more of the
following:
(a) Entering onto premises.
(b) Assaulting, attacking, beating, molesting, or wounding a
named individual.
(c) Threatening to kill or physically injure a named
individual.
(d) Removing minor children from the individual having legal
custody of the children, except as otherwise authorized by a
custody or parenting time order issued by a court of competent
jurisdiction.
(e) Purchasing or possessing a firearm.
(f) Interfering with petitioner's efforts to remove
petitioner's children or personal property from premises that are
solely owned or leased by the individual to be restrained or
enjoined.
(g) Interfering with petitioner at petitioner's place of
employment or education or engaging in conduct that impairs
petitioner's employment or educational relationship or environment.
(h) Having access to information in records concerning a minor
child of both petitioner and respondent that will inform respondent
about the address or telephone number of petitioner and
petitioner's minor child or about petitioner's employment address.
(i) Engaging in conduct that is prohibited under section 411h
or 411i of the Michigan penal code, 1931 PA 328, MCL 750.411h and
750.411i.
(j) Any other specific act or conduct that imposes upon or
interferes with personal liberty or that causes a reasonable
apprehension of violence.
(2)
If the respondent either
party to a petition for a
personal protection order is a person who is issued a license to
carry a concealed weapon and is required to carry a weapon as a
condition of his or her employment, a police officer certified by
the commission on law enforcement standards act, 1965 PA 203, MCL
28.601 to 28.616, a sheriff, a deputy sheriff or a member of the
Michigan department
of state police, a local corrections officer,
department of corrections employee, or a federal law enforcement
officer who carries a firearm during the normal course of his or
her employment, the petitioner shall notify the court of the
respondent's
party's occupation prior to before the
issuance of the
personal
protection order. This subsection does not apply to a
require the disclosure of the respondent's occupation if the
petitioner
who does not know the respondent's occupation.
(3) A petitioner may omit his or her address of residence from
documents filed with the court under this section. If a petitioner
omits his or her address of residence, the petitioner shall provide
the court with a mailing address.
(4) The court shall issue a personal protection order under
this section if the court determines that there is reasonable cause
to
believe that the individual to be restrained or enjoined
respondent may commit 1 or more of the acts listed in subsection
(1). In determining whether reasonable cause exists, the court
shall consider all of the following:
(a) Testimony, documents, or other evidence offered in support
of the request for a personal protection order.
(b)
Whether the individual to be restrained or enjoined
respondent has previously committed or threatened to commit 1 or
more of the acts listed in subsection (1).
(5) A court shall not issue a personal protection order that
restrains or enjoins conduct described in subsection (1)(a) or
(8)(a) if all of the following apply:
(a) The individual to be restrained or enjoined is not the
spouse of the moving party.
(b) The individual to be restrained or enjoined or the parent,
guardian, or custodian of the minor to be restrained or enjoined
has a property interest in the premises.
(c) The moving party or the parent, guardian, or custodian of
a minor petitioner has no property interest in the premises.
(6) A court shall not refuse to issue a personal protection
order solely due to the absence of any of the following:
(a) A police report.
(b) A medical report.
(c) A report or finding of an administrative agency.
(d) Physical signs of abuse or violence.
(7) If the court refuses to grant a personal protection order,
it shall state immediately in writing the specific reasons it
refused to issue a personal protection order. If a hearing is held,
the court shall also immediately state on the record the specific
reasons it refuses to issue a personal protection order.
(8) A court that issues a personal protection order shall not
be
made mutual. Correlative separate personal protection orders are
prohibited
unless both parties have properly petitioned the court
pursuant
to subsection (1). include in
the order that the
petitioner is prohibited from doing all of the following:
(a) If the respondent is prohibited from entering onto
premises where the petitioner resides or works, entering onto
premises where the respondent resides or works.
(b) If the respondent is prohibited from assaulting,
attacking, beating, molesting, or wounding the petitioner,
assaulting, attacking, beating, molesting, or wounding the
respondent.
(c) If the respondent is prohibited from threatening to kill
or physically injure the petitioner, threatening to kill or
physically injure the respondent.
(d) If the petitioner has legal custody of a minor child and
the respondent is prohibited from removing the child from the
custody of the petitioner, and if the respondent has parenting time
rights under an order issued by a court of competent jurisdiction,
removing the child from the respondent when the respondent has
parenting time.
(e) If the respondent is prohibited from purchasing or
possessing a firearm, purchasing or possessing a firearm.
(f) If the petitioner has legal custody of a minor child and
the respondent is prohibited from interfering with the petitioner's
efforts to remove the child from premises that are solely owned or
leased by the respondent, and if the respondent has parenting time
rights under an order issued by a court of competent jurisdiction,
interfering with the respondent's efforts to remove the child from
premises that are solely owned or leased by the petitioner in order
to exercise parenting time.
(g) If the respondent is prohibited from interfering with the
petitioner's efforts to remove the petitioner's personal property
from premises that are solely owned or leased by the respondent,
interfering with the respondent's efforts to remove the
respondent's personal property from premises that are solely owned
or leased by the respondent.
(h) If the respondent is prohibited from interfering with the
petitioner at the petitioner's place of employment or education or
engaging in conduct that impairs the petitioner's employment or
educational relationship or environment, interfering with the
respondent at the respondent's place of employment or education or
engaging in conduct that impairs the respondent's employment or
educational relationship or environment.
(i) If the respondent is prohibited from having access to
information in records concerning a minor child of both the
petitioner and the respondent that will inform the respondent about
the address or telephone number of the petitioner and the
petitioner's minor child or about the petitioner's employment
address, having access to information in records concerning the
minor child that will inform the petitioner about the address or
telephone number of the respondent or about the respondent's
employment address.
(j) If the respondent is prohibited from engaging in conduct
that is prohibited under section 411h or 411i of the Michigan penal
code, 1931 PA 328, MCL 750.411h and 750.411i, engaging in the same
conduct.
(k) If the respondent is prohibited from engaging in any other
specific act or conduct, engaging in that conduct.
(9) A personal protection order is effective and immediately
enforceable anywhere in this state when signed by a judge. Upon
service, a personal protection order may also be enforced by
another state, an Indian tribe, or a territory of the United
States.
(10) The court shall designate the law enforcement agency that
is responsible for entering the personal protection order into the
law
enforcement information network as provided by the L.E.I.N.
C.J.I.S.
policy council act, of
1974, 1974 PA 163, MCL 28.211 to
28.216
28.215.
(11) A personal protection order shall include all of the
following, and to the extent practicable the following shall be
contained in a single form:
(a) A statement that the personal protection order has been
entered to restrain or enjoin conduct listed in the order and that
violation of the personal protection order will subject the
individual restrained or enjoined to 1 or more of the following:
(i) If the respondent individual is 17 years of age or more
older, immediate arrest and the civil and criminal contempt powers
of the court, and that if he or she is found guilty of criminal
contempt,
he or she shall be imprisoned imprisonment
for not more
than
93 days and may be fined a
fine of not more than $500.00.
(ii) If the respondent individual is less than 17 years of age,
immediate
apprehension or being taken into custody, and subject to
the dispositional alternatives listed in section 18 of chapter XIIA
of the probate code of 1939, 1939 PA 288, MCL 712A.18.
(iii) If the respondent individual violates the personal
protection
order in a jurisdiction other than this state, the
respondent
is subject to the enforcement
procedures and penalties
of the state, Indian tribe, or United States territory under whose
jurisdiction the violation occurred.
(b) A statement that the personal protection order is
effective and immediately enforceable anywhere in this state when
signed by a judge, and that, upon service, a personal protection
order also may be enforced by another state, an Indian tribe, or a
territory of the United States.
(c) A statement listing the type or types of conduct enjoined.
(d) An expiration date stated clearly on the face of the
order.
(e) A statement that the personal protection order is
enforceable anywhere in Michigan by any law enforcement agency.
(f) The law enforcement agency designated by the court to
enter the personal protection order into the law enforcement
information network.
(g)
For ex parte orders, a statement that the individual
restrained
or enjoined respondent may file a motion to modify or
rescind the personal protection order and request a hearing within
14
days after the individual restrained or enjoined respondent has
been served or has received actual notice of the order and that
motion forms and filing instructions are available from the clerk
of the court.
(12) An ex parte personal protection order shall be issued and
effective
without written or oral notice to the individual
restrained
or enjoined respondent or his or her attorney if it
clearly appears from specific facts shown by verified complaint,
written motion, or affidavit that immediate and irreparable injury,
loss, or damage will result from the delay required to effectuate
notice or that the notice will itself precipitate adverse action
before a personal protection order can be issued.
(13) A personal protection order issued under subsection (12)
is
valid for not less than 182 days. The individual restrained or
enjoined
respondent may file a motion to modify or rescind the
personal protection order and request a hearing under the Michigan
court rules. The motion to modify or rescind the personal
protection order shall be filed within 14 days after the order is
served
or after the individual restrained or enjoined respondent
has received actual notice of the personal protection order unless
good cause is shown for filing the motion after the 14 days have
elapsed.
(14)
Except as otherwise provided in this subsection, the a
court
shall schedule a hearing on the a
motion to modify or rescind
the
an ex parte personal protection order within 14 days
after the
filing of the motion to modify or rescind. If the respondent is a
person described in subsection (2) and the personal protection
order prohibits him or her from purchasing or possessing a firearm,
the court shall schedule a hearing on the motion to modify or
rescind the ex parte personal protection order within 5 days after
the filing of the motion to modify or rescind.
(15) The clerk of the court that issues a personal protection
order shall do all of the following immediately upon issuance and
without
requiring a proof of service on the individual restrained
or
enjoined respondent:
(a) File a true copy of the personal protection order with the
law enforcement agency designated by the court in the personal
protection order.
(b) Provide the petitioner with not less than 2 true copies of
the personal protection order.
(c)
If respondent either party
is identified in the pleadings
as a law enforcement officer, notify the officer's employing law
enforcement agency, if known, about the existence of the personal
protection order.
(d)
If the personal protection order prohibits respondent the
parties
from purchasing or possessing a
firearm firearms, notify
the
concealed weapon licensing board in respondent's each party's
county of residence about the existence and contents of the
personal protection order.
(e)
If the respondent either
party is identified in the
pleadings as a department of corrections employee, notify the state
department of corrections about the existence of the personal
protection order.
(f)
If the respondent either
party is identified in the
pleadings as being a person who may have access to information
concerning
the petitioner other party
or a child of the petitioner
or respondent and that information is contained in friend of the
court records, notify the friend of the court for the county in
which the information is located about the existence of the
personal protection order.
(16) The clerk of the court shall inform the petitioner that
he or she may take a true copy of the personal protection order to
the law enforcement agency designated by the court in subsection
(10) to be immediately entered into the law enforcement information
network.
(17) The law enforcement agency that receives a true copy of
the personal protection order under subsection (15) or (16) shall
immediately and without requiring proof of service enter the
personal protection order into the law enforcement information
network
as provided by the L.E.I.N. C.J.I.S.
policy council act, of
1974,
1974 PA 163, MCL 28.211 to 28.216
28.215.
(18) A personal protection order issued under this section
shall be served personally or by registered or certified mail,
return receipt requested, delivery restricted to the addressee at
the
last known address or addresses of the individual restrained or
enjoined
respondent or by any other manner provided in allowed by
the
Michigan court rules. If the individual restrained or enjoined
respondent has not been served, a law enforcement officer or clerk
of the court who knows that a personal protection order exists may,
at
any time, serve the individual restrained or enjoined respondent
with
a true copy of the order or advise the individual restrained
or
enjoined respondent about the existence of the personal
protection order, the specific conduct enjoined, the penalties for
violating
the order, and where the individual restrained or
enjoined
respondent may obtain a copy of the order. If the
respondent is less than 18 years of age, the parent, guardian, or
custodian
of that individual the
respondent shall also be served
personally or by registered or certified mail, return receipt
requested, delivery restricted to the addressee at the last known
address
or addresses of the parent, guardian, or custodian. of
the
individual
restrained or enjoined. A proof of
service or proof of
oral notice shall be filed with the clerk of the court issuing the
personal protection order. This subsection does not prohibit the
immediate effectiveness of a personal protection order or its
immediate enforcement under subsections (21) and (22).
(19) The clerk of the court shall immediately notify the law
enforcement agency that received the personal protection order
under subsection (15) or (16) if either of the following occurs:
(a) The clerk of the court has received proof that the
individual
restrained or enjoined respondent
has been served.
(b) The personal protection order is rescinded, modified, or
extended by court order.
(20) The law enforcement agency that receives information
under subsection (19) shall enter the information or cause the
information to be entered into the law enforcement information
network
as provided by the L.E.I.N. C.J.I.S.
policy council act, of
1974,
1974 PA 163, MCL 28.211 to 28.216
28.215.
(21) Subject to subsection (22), a personal protection order
is immediately enforceable anywhere in this state by any law
enforcement agency that has received a true copy of the order, is
shown a copy of it, or has verified its existence on the law
enforcement
information network as provided by the L.E.I.N.
C.J.I.S.
policy council act, of
1974, 1974 PA 163, MCL 28.211 to
28.216
28.215.
(22)
If the individual restrained or enjoined respondent has
not been served, the law enforcement agency or officer responding
to a call alleging a violation of a personal protection order by
the
respondent shall serve the individual
restrained or enjoined
respondent
with a true copy of the order or advise
the individual
restrained
or enjoined respondent about the existence of the
personal protection order, the specific conduct enjoined, the
penalties
for violating the order, and where the individual
restrained
or enjoined respondent may obtain a copy of the order.
The law enforcement officer shall enforce the personal protection
order and immediately enter or cause to be entered into the law
enforcement
information network that the individual restrained or
enjoined
respondent has actual notice of the personal protection
order. The law enforcement officer also shall file a proof of
service or proof of oral notice with the clerk of the court issuing
the
personal protection order. If the individual restrained or
enjoined
respondent has not received notice of the personal
protection
order, the individual restrained or enjoined respondent
shall be given an opportunity to comply with the personal
protection order before the law enforcement officer makes a
custodial arrest for violation of the personal protection order.
The failure to immediately comply with the personal protection
order
shall be is grounds for an immediate custodial arrest. This
subsection does not preclude an arrest under section 15 or 15a of
chapter IV of the code of criminal procedure, 1927 PA 175, MCL
764.15 and 764.15a, or a proceeding under section 14 of chapter
XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.14.
(23) An individual who is 17 years of age or more and who
refuses or fails to comply with a personal protection order under
this section is subject to the criminal contempt powers of the
court and, if found guilty, shall be imprisoned for not more than
93 days and may be fined not more than $500.00. An individual who
is less than 17 years of age and who refuses or fails to comply
with a personal protection order issued under this section is
subject to the dispositional alternatives listed in section 18 of
chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.18.
The criminal penalty provided for under this section may be imposed
in addition to a penalty that may be imposed for another criminal
offense arising from the same conduct.
(24) An individual who knowingly and intentionally makes a
false statement to the court in support of his or her petition for
a personal protection order is subject to the contempt powers of
the court.
(25) A personal protection order issued under this section is
also enforceable under chapter XIIA of the probate code of 1939,
1939 PA 288, MCL 712A.1 to 712A.32, and section 15b of chapter IV
of the code of criminal procedure, 1927 PA 175, MCL 764.15b.
(26) A personal protection order issued under this section is
also enforceable under chapter 17.
(27) A court shall not issue a personal protection order that
restrains or enjoins conduct described in subsection (1) or (8) if
any of the following apply:
(a) The respondent is the unemancipated minor child of the
petitioner.
(b) The petitioner is the unemancipated minor child of the
respondent.
(c)
The respondent individual
to be restrained or enjoined is
a minor child less than 10 years of age.
(28)
If the respondent an
individual restrained or enjoined is
less than 18 years of age, issuance of a personal protection order
under this section is subject to chapter XIIA of the probate code
of 1939, 1939 PA 288, MCL 712A.1 to 712A.32, as to that individual.
(29)
A personal protection order that is issued prior to the
effective
date of the amendatory act that added this subsection
March 1, 1999 is not invalid on the ground that it does not comply
with
1 or more of the requirements added by this amendatory act
1998 PA 477.
(30) As used in this section:
(a) "Dating relationship" means frequent, intimate
associations primarily characterized by the expectation of
affectional involvement. This term does not include a casual
relationship or an ordinary fraternization between 2 individuals in
a business or social context.
(b) "Federal law enforcement officer" means an officer or
agent employed by a law enforcement agency of the United States
government whose primary responsibility is the enforcement of laws
of the United States.
(c) "Personal protection order" means an injunctive order
issued by the circuit court or the family division of circuit court
restraining or enjoining activity and individuals listed in
subsection
subsections (1)
and (8).
Sec. 2950a. (1) Except as provided in subsections (25) and
(26)
(28), by commencing an independent action to obtain
relief
under this section, by joining a claim to an action, or by filing a
motion
in an action in which the petitioner and the individual to
be
restrained or enjoined respondent
are parties, an individual may
petition the family division of circuit court to enter a personal
protection order to restrain or enjoin an individual from engaging
in conduct that is prohibited under section 411h or 411i of the
Michigan penal code, 1931 PA 328, MCL 750.411h and 750.411i. Relief
shall not be granted unless the petition alleges facts that
constitute stalking as defined in section 411h or 411i of the
Michigan penal code, 1931 PA 328, MCL 750.411h and 750.411i. Relief
may be sought and granted under this section whether or not the
individual
to be restrained or enjoined respondent
has been charged
or convicted under section 411h or 411i of the Michigan penal code,
1931 PA 328, MCL 750.411h and 750.411i, for the alleged violation.
(2)
If the respondent either
party to a petition for a
personal protection order is a person who is issued a license to
carry a concealed weapon and is required to carry a weapon as a
condition of his or her employment, a police officer certified by
the commission on law enforcement standards act, 1965 PA 203, MCL
28.601 to 28.616, a sheriff, a deputy sheriff or a member of the
Michigan department of state police, a local corrections officer, a
department of corrections employee, or a federal law enforcement
officer who carries a firearm during the normal course of his or
her employment, the petitioner shall notify the court of the
respondent's
party's occupation prior to before the
issuance of the
personal
protection order. This subsection does not apply to a
require the disclosure of the respondent's occupation if the
petitioner
who does not know the respondent's occupation.
(3) A petitioner may omit his or her address of residence from
documents filed with the court under this section. If a petitioner
omits his or her address of residence, the petitioner shall provide
the court a mailing address.
(4)
If a court issues or refuses to grant issue a
personal
protection order, the court shall immediately state in writing the
specific
reasons for issuing or refusing to issue a the personal
protection order. If a hearing is held, the court shall also
immediately state on the record the specific reasons for issuing or
refusing to issue a personal protection order.
(5) A personal protection order issued under this section
shall
not be made mutual. Correlative separate personal protection
orders
are prohibited unless both parties have properly petitioned
the
court according to subsection (1).
(6) A personal protection order is effective and immediately
enforceable anywhere in this state when signed by a judge. Upon
service, a personal protection order also may be enforced by
another state, an Indian tribe, or a territory of the United
States.
(7) The court shall designate the law enforcement agency that
is responsible for entering the personal protection order into the
L.E.I.N.
(8) A personal protection order issued under this section
shall
include all of the following, and to the extent practicable
contained in a single form:
(a) A statement that the personal protection order has been
entered to enjoin or restrain conduct listed in the order and that
violation of the personal protection order will subject the
individual restrained or enjoined to 1 or more of the following:
(i) If the respondent individual is 17 years of age or more
older, immediate arrest and the civil and criminal contempt powers
of the court, and that if he or she is found guilty of criminal
contempt, he or she shall be imprisoned for not more than 93 days
and may be fined not more than $500.00.
(ii) If the respondent individual is less than 17 years of age,
to
immediate apprehension or being taken into custody , and subject
to
the dispositional alternatives
listed in section 18 of chapter
XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.18.
(iii) If the respondent individual violates the personal
protection
order in a jurisdiction other than this state, the
respondent
is subject to the enforcement
procedures and penalties
of the state, Indian tribe, or United States territory under whose
jurisdiction the violation occurred.
(b) A statement that the personal protection order is
effective and immediately enforceable anywhere in this state when
signed by a judge, and that upon service, a personal protection
order also may be enforced by another state, an Indian tribe, or a
territory of the United States.
(c) A statement listing each type of conduct enjoined.
(d) An expiration date stated clearly on the face of the
order.
(e) A statement that the personal protection order is
enforceable anywhere in Michigan by any law enforcement agency.
(f) The law enforcement agency designated by the court to
enter the personal protection order into the L.E.I.N.
(g)
For an ex parte order, a statement that the individual
restrained
or enjoined respondent may file a motion to modify or
rescind the personal protection order and request a hearing within
14
days after the individual restrained or enjoined has been served
or
has received respondent is
served or receives actual notice of
the personal protection order and that motion forms and filing
instructions are available from the clerk of the court.
(9) An ex parte personal protection order shall not be issued
and
effective without written or oral notice to the individual
enjoined
respondent or his or her attorney unless it clearly
appears from specific facts shown by verified complaint, written
motion, or affidavit that immediate and irreparable injury, loss,
or damage will result from the delay required to effectuate notice
or that the notice will precipitate adverse action before a
personal protection order can be issued.
(10) A personal protection order issued under subsection (9)
is
valid for not less than 182 days. The individual restrained or
enjoined
respondent may file a motion to modify or rescind the
personal protection order and request a hearing under the Michigan
court rules. The motion to modify or rescind the personal
protection order shall be filed within 14 days after the order is
served
or after the individual restrained or enjoined has received
respondent receives actual notice of the personal protection order
unless good cause is shown for filing the motion after 14 days have
elapsed.
(11) Except as otherwise provided in this subsection, the
court shall schedule a hearing on the motion to modify or rescind
the
ex parte personal protection order within 14 days after the
filing
of the motion to modify or rescind is filed.
If the
respondent is a person described in subsection (2) and the personal
protection order prohibits him or her from purchasing or possessing
a firearm, the court shall schedule a hearing on the motion to
modify or rescind the ex parte personal protection order within 5
days
after the filing of the motion to modify or rescind is filed.
(12) The clerk of the court that issues a personal protection
order shall do all of the following immediately upon issuance
without requiring proof of service on the individual restrained or
enjoined:
(a) File a true copy of the personal protection order with the
law enforcement agency designated by the court in the personal
protection order.
(b)
Provide the petitioner with not less fewer than
2 true
copies of the personal protection order.
(c)
If respondent either party
is identified in the pleadings
as a law enforcement officer, notify the officer's employing law
enforcement
agency about of the existence of the personal
protection order.
(d)
If the personal protection order prohibits the respondent
parties
from purchasing or possessing a
firearm firearms, notify
the
concealed weapon licensing board in respondent's each party's
county
of residence about of the existence and content of the
personal protection order.
(e)
If the respondent either
party is identified in the
pleadings as a department of corrections employee, notify the state
department
of corrections about of the existence of the personal
protection order.
(f)
If the respondent either
party is identified in the
pleadings as being a person who may have access to information
concerning
the petitioner other party
or a child of the petitioner
or respondent and that information is contained in friend of the
court records, notify the friend of the court for the county in
which
the information is located about of the existence of the
personal protection order.
(13)
The clerk of the a court that
issues a personal
protection order shall inform the petitioner that he or she may
take a true copy of the personal protection order to the law
enforcement
agency designated by the court in under subsection (7)
to be immediately entered into the L.E.I.N.
(14) The law enforcement agency that receives a true copy of
the
a personal protection order under subsection (12) or
(13) shall
immediately, without requiring proof of service, enter the personal
protection order into the L.E.I.N.
(15) A personal protection order issued under this section
shall be served personally or by registered or certified mail,
return receipt requested, delivery restricted to the addressee at
the
last known address or addresses of the individual restrained or
enjoined
respondent, or by any other manner provided in method
allowed
by the Michigan court rules. If the individual
restrained
or
enjoined respondent has not been served, a law enforcement
officer or clerk of the court who knows that a personal protection
order
exists may, at any time, serve the individual restrained or
enjoined
respondent with a true copy of the order or advise orally
notify
the individual restrained or
enjoined about respondent of
the existence of the personal protection order, the specific
conduct enjoined, the penalties for violating the order, and where
the
individual restrained or enjoined respondent may obtain a copy
of the order. If the respondent is less than 18 years of age, the
parent,
guardian, or custodian of that individual the respondent
shall also be served personally or by registered or certified mail,
return receipt requested, delivery restricted to the addressee at
the last known address or addresses of the parent, guardian, or
custodian. of
the individual restrained or enjoined. A proof of
service or proof of oral notice shall be filed with the clerk of
the court issuing the personal protection order. This subsection
does not prohibit the immediate effectiveness of a personal
protection order or immediate enforcement under subsection (18) or
(19).
(16) The clerk of the court that issued a personal protection
order shall immediately notify the law enforcement agency that
received the personal protection order under subsection (12) or
(13)
if either or both of the following occurs occur:
(a)
The clerk of the court has received receives proof that
the
individual restrained or enjoined respondent has been served.
(b) The personal protection order is rescinded, modified, or
extended by court order.
(17) The law enforcement agency that receives information
under subsection (16) shall enter the information or cause the
information to be entered into the L.E.I.N.
(18) Subject to subsection (19), a personal protection order
is immediately enforceable anywhere in this state by any law
enforcement agency that has received a true copy of the order, is
shown a copy of it, or has verified its existence on the L.E.I.N.
(19)
If the individual restrained or enjoined respondent has
not
been served, the a law enforcement agency or officer responding
to
a call alleging a violation of a the personal protection
order
shall
serve the individual restrained or enjoined respondent with a
true
copy of the order or advise orally
notify the individual
restrained
or enjoined about respondent of
the existence of the
personal protection order, the specific conduct enjoined, the
penalties
for violating the order, and where the individual
restrained
or enjoined respondent may obtain a copy of the order.
The law enforcement officer shall enforce the personal protection
order and immediately enter or cause to be entered into the
L.E.I.N.
that the individual restrained or enjoined respondent has
actual notice of the personal protection order. The law enforcement
officer also shall file a proof of service or proof of oral notice
with
the clerk of the court issuing that
issued the personal
protection
order. If the individual restrained or enjoined
respondent has not received notice of the personal protection
order,
the individual restrained or enjoined respondent shall be
given an opportunity to comply with the personal protection order
before the law enforcement officer makes a custodial arrest for
violation of the personal protection order. Failure to immediately
comply with the personal protection order is grounds for an
immediate custodial arrest. This subsection does not preclude an
arrest under section 15 or 15a of chapter IV of the code of
criminal procedure, 1927 PA 175, MCL 764.15 and 764.15a, or a
proceeding under section 14 of chapter XIIA of the probate code of
1939, 1939 PA 288, MCL 712A.14.
(20)
An individual 17 years of age or more older who refuses
or fails to comply with a personal protection order issued under
this section is subject to the criminal contempt powers of the
court and, if found guilty of criminal contempt, shall be
imprisoned for not more than 93 days and may be fined not more than
$500.00. An individual less than 17 years of age who refuses or
fails to comply with a personal protection order issued under this
section is subject to the dispositional alternatives listed in
section 18 of chapter XIIA of the probate code of 1939, 1939 PA
288,
MCL 712A.18. The criminal penalty provided for under this
section may be imposed in addition to any penalty that may be
imposed for any other criminal offense arising from the same
conduct.
(21) An individual who knowingly and intentionally makes a
false
statement to the a court in support of his or her petition
for a personal protection order is subject to the contempt powers
of the court.
(22) A personal protection order issued under this section is
also enforceable under chapter XIIA of the probate code of 1939,
1939 PA 288, MCL 712A.1 to 712A.32, and section 15b of chapter IV
of the code of criminal procedure, 1927 PA 175, MCL 764.15b.
(23) A personal protection order issued under this section may
enjoin or restrain an individual from purchasing or possessing a
firearm.
(24) A personal protection order issued under this section is
also enforceable under chapter 17.
(25) A court shall not issue a personal protection order that
restrains or enjoins conduct described in subsection (1) if any of
the following apply:
(a) The respondent is the unemancipated minor child of the
petitioner.
(b) The petitioner is the unemancipated minor child of the
respondent.
(c)
The respondent individual
to be restrained or enjoined is
a minor child less than 10 years of age.
(26)
If the respondent an
individual restrained or enjoined is
less than 18 years of age, issuance of a personal protection order
under this section is subject to chapter XIIA of the probate code
of 1939, 1939 PA 288, MCL 712A.1 to 712A.32, as to that individual.
(27)
A personal protection order that is issued before March
1, 1999 is not invalid on the ground that it does not comply with 1
or more of the requirements added by 1998 PA 476.
(28) A court shall not issue a personal protection order under
this section if the petitioner is a prisoner. If a personal
protection order is issued in violation of this subsection, a court
shall rescind the personal protection order upon notification and
verification that the petitioner is a prisoner.
(29) As used in this section:
(a) "Federal law enforcement officer" means an officer or
agent employed by a law enforcement agency of the United States
government whose primary responsibility is the enforcement of laws
of the United States.
(b) "L.E.I.N." means the law enforcement information network
administered
under the L.E.I.N. C.J.I.S.
policy council act, of
1974,
1974 PA 163, MCL 28.211 to 28.216
28.215.
(c) "Personal protection order" means an injunctive order
issued by the circuit court or the family division of circuit court
restraining or enjoining conduct prohibited under section 411h or
411i of the Michigan penal code, 1931 PA 328, MCL 750.411h and
750.411i.
(d) "Prisoner" means a person subject to incarceration,
detention, or admission to a prison who is accused of, convicted
of, sentenced for, or adjudicated delinquent for violations of
federal, state, or local law or the terms and conditions of parole,
probation, pretrial release, or a diversionary program.