HOUSE BILL No. 4470 March 11, 1997, Introduced by Reps. Curtis, Profit, Cropsey, Baade, DeHart, Lowe, Harder, Wetters, McNutt, Dalman, Leland, Jaye and Callahan and referred to the Committee on Judiciary. A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 2950 (MCL 600.2950), as amended by 1996 PA 10. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 2950. (1) By commencing an independent action to 2 obtain relief under this section, by joining a claim to an 3 action, or by filing a motion in an action in which the peti- 4 tioner and the individual to be restrained or enjoined are par- 5 ties, an individual may petition the circuit court to enter a 6 personal protection order to restrain or enjoin a spouse, a 7 former spouse, an individual with whom he or she has had a child 8 in common, an individual with whom he or she has or has had a 9 dating relationship, or an individual residing or having resided 02115'97 VPW 2 1 in the same household as the victim from doing 1 or more of the 2 following: 3 (a) Entering onto premises. 4 (b) Assaulting, attacking, beating, molesting, or wounding a 5 named individual. 6 (c) Threatening to kill or physically injure a named 7 individual. 8 (d) Removing minor children from the individual having legal 9 custody of the children, except as otherwise authorized by a cus- 10 tody or parenting time order issued by a court of competent 11 jurisdiction. 12 (e) Beginning April 1, 1996, purchasing or possessing a 13 firearm. 14 (f) Interfering with petitioner's efforts to remove 15 petitioner's children or personal property from premises that are 16 solely owned or leased by the individual to be restrained or 17 enjoined. 18 (g) Interfering with petitioner at petitioner's place of 19 employment or engaging in conduct that impairs petitioner's 20 employment relationship or environment. 21 (h) Any other specific act or conduct that imposes upon or 22 interferes with personal liberty or that causes a reasonable 23 apprehension of violence. 24 (2) A petitioner may omit his or her address of residence 25 from documents filed with the court under this section. If a 26 petitioner omits his or her address of residence, the petitioner 27 shall provide the court with a mailing address. 02115'97 3 1 (3) The court shall issue a personal protection order under 2 this section if the court determines that there is reasonable 3 cause to believe that the individual to be restrained or enjoined 4 may commit 1 or more of the acts listed in subsection (1). In 5 determining whether reasonable cause exists, the court shall con- 6 sider all of the following: 7 (a) Testimony, documents, or other evidence offered in sup- 8 port of the request for a personal protection order. 9 (b) Whether the individual to be restrained or enjoined has 10 previously committed or threatened to commit 1 or more of the 11 acts listed in subsection (1). 12 (4) A court shall not issue a personal protection order that 13 restrains or enjoins conduct described in subsection (1)(a) if 14 all of the following apply: 15 (a) The individual to be restrained or enjoined is not the 16 spouse of the moving party. 17 (b) The individual to be restrained or enjoined has a prop- 18 erty interest in the premises. 19 (c) The moving party has no property interest in the 20 premises. 21 (5) A court shall not refuse to issue a personal protection 22 order solely due to the absence of any of the following: 23 (a) A police report. 24 (b) A medical report. 25 (c) A report or finding of an administrative agency. 26 (d) Physical signs of abuse or violence. 02115'97 4 1 (6) If the court refuses to grant a personal protection 2 order, it shall state immediately in writing the specific reasons 3 it refused to issue a personal protection order. If a hearing is 4 held, the court shall also immediately state on the record the 5 specific reasons it refuses to issue a personal protection 6 order. 7 (7) A personal protection order shall not be made mutual. 8 Correlative separate personal protection orders are prohibited 9 unless both parties have properly petitioned the court pursuant 10 to subsection (1). 11 (8) A personal protection order is effective when signed by 12 a judge. 13 (9) The court shall designate the law enforcement agency 14 that is responsible for entering the personal protection order 15 into the law enforcement information network as provided by the 16 L.E.I.N. policy council act of 1974,Act No. 163 of the Public17Acts of 1974, being sections 28.211 to 28.216 of the Michigan18Compiled Laws1974 PA 163, MCL 28.211 TO 28.216. 19 (10) A personal protection order shall include all of the 20 following: 21 (a) A statement that the personal protection order has been 22 entered to restrain or enjoin conduct listed in the order and 23 that violation of the personal protection order will subject the 24 individual restrained or enjoined to immediate arrest and the 25 civil and criminal contempt powers of the court, and that if he 26 or she is found guilty of criminal contempt, he or she shall be 02115'97 5 1 imprisoned for not more than 93 days and may be fined not more 2 than $500.00. 3 (b) A statement that the personal protection order is effec- 4 tive when signed by a judge and is immediately enforceable. 5 (c) A statement listing the type or types of conduct 6 enjoined. 7 (d) An expiration date stated clearly on the face of the 8 order. 9 (e) A statement that the personal protection order is 10 enforceable anywhere in Michigan by any law enforcement agency. 11 (f) The law enforcement agency designated by the court to 12 enter the personal protection order into the law enforcement 13 information network. 14 (g) For ex parte orders, a statement that the individual 15 restrained or enjoined may file a motion to modify or rescind the 16 personal protection order and request a hearing within 14 days 17 after the individual restrained or enjoined has been served or 18 has received actual notice of the order and that motion forms and 19 filing instructions are available from the clerk of the court. 20 (11)AnEXCEPT AS PROVIDED IN SUBSECTION (12), AN ex parte 21 personal protection order shall be issued and effective without 22 written or oral notice to the individual restrained or enjoined 23 or his or her attorney if it clearly appears from specific facts 24 shown by verified complaint, written motion, or affidavit that 25 immediate and irreparable injury, loss, or damage will result 26 from the delay required to effectuate notice or that the notice 02115'97 6 1 will itself precipitate adverse action before a personal 2 protection order can be issued. 3 (12) IF ALL OF THE FOLLOWING CIRCUMSTANCES EXIST, THE COURT 4 SHALL NOT ISSUE AN EX PARTE PERSONAL PROTECTION ORDER AGAINST A 5 RESPONDENT AND SHALL CONDUCT A HEARING ON THE PETITION FOR A PER- 6 SONAL PROTECTION ORDER WITHIN 30 DAYS OF THE DATE THAT THE PETI- 7 TION WAS FILED: 8 (A) THE PETITIONER HAS PREVIOUSLY FILED A PETITION FOR A 9 PERSONAL PROTECTION ORDER AGAINST THE RESPONDENT AND THE PERSONAL 10 PROTECTION ORDER WAS RESCINDED AFTER A HEARING ON A MOTION TO 11 RESCIND. 12 (B) THE RESPONDENT IS AN EMPLOYEE WHO IS REQUIRED TO CARRY A 13 FIREARM IN THE COURSE OF HIS OR HER EMPLOYMENT. 14 (13)(12)A personal protection order issued under 15 subsection (11) is valid for not less than 182 days. The indi- 16 vidual restrained or enjoined may file a motion to modify or 17 rescind the personal protection order and request a hearing under 18 the Michigan court rules. The motion to modify or rescind the 19 personal protection order shall be filed within 14 days after the 20 order is served or after the individual restrained or enjoined 21 has received actual notice of the personal protection order 22 unless good cause is shown for filing the motion after the 14 23 days have elapsed. 24 (14)(13) TheEXCEPT AS OTHERWISE PROVIDED IN THIS SUBSEC- 25 TION, THE court shall schedule a hearing on the motion to modify 26 or rescind the ex parte personal protection order within 14 days 27 after the filing of the motion to modify or rescind. IF THE 02115'97 7 1 RESPONDENT IS A LAW ENFORCEMENT OFFICER AND THE PERSONAL 2 PROTECTION ORDER PROHIBITS HIM OR HER FROM PURCHASING OR POSSESS- 3 ING A FIREARM, THE COURT SHALL SCHEDULE A HEARING ON THE MOTION 4 TO MODIFY OR RESCIND THE EX PARTE PERSONAL PROTECTION ORDER 5 WITHIN 5 DAYS AFTER THE FILING OF THE MOTION TO MODIFY OR 6 RESCIND. 7 (15)(14)The clerk of the court that issues a personal 8 protection order shall do both of the following immediately upon 9 issuance and without requiring a proof of service on the individ- 10 ual restrained or enjoined: 11 (a) File a true copy of the personal protection order with 12 the law enforcement agency designated by the court in the per- 13 sonal protection order. 14 (b) Provide the petitioner with not less than 2 true copies 15 of the personal protection order. 16 (16)(15)The clerk of the court shall inform the peti- 17 tioner that he or she may take a true copy of the personal pro- 18 tection order to the law enforcement agency designated by the 19 court in subsection (9) to be immediately entered into the law 20 enforcement information network. 21 (17)(16)The law enforcement agency that receives a true 22 copy of the personal protection order under subsection(14) or23 (15) OR (16) shall immediately and without requiring proof of 24 service enter the personal protection order into the law enforce- 25 ment information network as provided byAct No. 163 of the26Public Acts of 1974THE L.E.I.N. POLICY COUNCIL ACT OF 1974, 27 1974 PA 163, MCL 28.211 TO 28.216. 02115'97 8 1 (18)(17)A personal protection order issued under this 2 section shall be served personally or by registered or certified 3 mail, return receipt requested, delivery restricted to the 4 addressee at the last known address or addresses of the individ- 5 ual restrained or enjoined or by any other manner provided in the 6 Michigan court rules. A proof of service shall be filed with the 7 clerk of the court issuing the personal protection order. This 8 subsection does not prohibit the immediate effectiveness of a 9 personal protection order or its immediate enforcement under sub- 10 sections(20)(21) and(21)(22). 11 (19)(18)The clerk of the court shall immediately notify 12 the law enforcement agency that received the personal protection 13 order under subsection(14) or(15) OR (16) if either of the 14 following occurs: 15 (a) The clerk of the court has received proof that the indi- 16 vidual restrained or enjoined has been served. 17 (b) The personal protection order is rescinded, modified, or 18 extended by court order. 19 (20)(19)The law enforcement agency that receives infor- 20 mation under subsection(18)(19) shall enter the information 21 or cause the information to be entered into the law enforcement 22 information network as provided byAct No. 163 of the Public23Acts of 1974THE L.E.I.N. POLICY COUNCIL ACT OF 1974, 1974 PA 24 163, MCL 28.211 TO 28.216. 25 (21)(20)Subject to subsection(21)(22), a personal 26 protection order is immediately enforceable anywhere in this 27 state by any law enforcement agency that has received a true copy 02115'97 9 1 of the order, is shown a copy of it, or has verified its 2 existence on the law enforcement information network as provided 3 byAct No. 163 of the Public Acts of 1974THE L.E.I.N. POLICY 4 COUNCIL ACT OF 1974, 1974 PA 163, MCL 28.211 TO 28.216. 5 (22)(21)If the individual restrained or enjoined has not 6 been served, the law enforcement agency or officer responding to 7 a domestic violence call alleging a violation of a personal pro- 8 tection order shall serve the individual restrained or enjoined 9 with a true copy of the order or advise the individual restrained 10 or enjoined of the existence of the personal protection order, 11 the specific conduct enjoined, the penalties for violating the 12 order, and where the individual restrained or enjoined may obtain 13 a copy of the order. The law enforcement officer shall enforce 14 the personal protection order and immediately enter or cause to 15 be entered into the law enforcement information network that the 16 individual restrained or enjoined has actual notice of the per- 17 sonal protection order. If the individual restrained or enjoined 18 has not received notice of the personal protection order, the 19 individual restrained or enjoined shall be given an opportunity 20 to comply with the personal protection order before the law 21 enforcement officer makes a custodial arrest for violation of the 22 personal protection order. The failure to immediately comply 23 with the personal protection order shall be grounds for an imme- 24 diate custodial arrest. This subsection does not preclude an 25 arrest under section 15 or 15a of chapter IV of the code of crim- 26 inal procedure,Act No. 175 of the Public Acts of 1927, being02115'97 10 1sections 764.15 and 764.15a of the Michigan Compiled Laws1927 2 PA 175, MCL 764.15 AND 764.15A. 3 (23)(22)An individual who refuses or fails to comply 4 with a personal protection order is subject to the criminal con- 5 tempt powers of the court and, if found guilty, shall be impris- 6 oned for not more than 93 days and may be fined not more than 7 $500.00. The criminal penalty provided for under this section 8 may be imposed in addition to a penalty that may be imposed for 9 another criminal offense arising from the same conduct. 10 (24)(23)An individual who knowingly and intentionally 11 makes a false statement to the court in support of his or her 12 petition for a personal protection order is subject to the con- 13 tempt powers of the court. 14 (25)(24)A personal protection order issued under this 15 section is also enforceable under section 15b of chapter IV of 16Act No. 175 of the Public Acts of 1927, being section 764.15b of17the Michigan Compiled LawsTHE CODE OF CRIMINAL PROCEDURE, 1927 18 PA 175, MCL 764.15B. 19 (26)(25)A personal protection order issued under this 20 section is also enforceable under chapter 17. 21 (27)(26)As used in thisactSECTION: 22 (a) "Dating relationship" means frequent, intimate associa- 23 tions primarily characterized by the expectation of affectional 24 involvement. This term does not include a casual relationship or 25 an ordinary fraternization between 2 individuals in a business or 26 social context. 02115'97 11 1 (B) "LAW ENFORCEMENT OFFICER" MEANS A PERSON WHO IS 2 REGULARLY EMPLOYED AS A MEMBER OF A DULY AUTHORIZED POLICE AGENCY 3 OR OTHER ORGANIZATION OF THE UNITED STATES, THIS STATE, OR A 4 CITY, COUNTY, TOWNSHIP, OR VILLAGE OF THIS STATE, AND WHO IS 5 RESPONSIBLE FOR THE PREVENTION AND DETECTION OF CRIME AND THE 6 ENFORCEMENT OF THE GENERAL CRIMINAL LAWS OF THIS STATE. 7 (C)(b)"Personal protection order" means an injunctive 8 order issued by the circuit court restraining or enjoining activ- 9 ity and individuals listed in subsection (1). 02115'97 Final page. VPW