HOUSE BILL No. 6364 September 24, 2002, Introduced by Reps. Neumann, Adamini, Rich Brown, Lipsey and Sheltrown and referred to the Committee on Civil Law and the Judiciary. A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending sections 601, 841, 1517, 2665, 2950, and 2950a (MCL 600.601, 600.841, 600.1517, 600.2665, 600.2950, and 600.2950a), sections 601 and 2665 as amended by 1996 PA 388, sections 841 and 1517 as amended by 2000 PA 56, section 2950 as amended by 2001 PA 200, and section 2950a as amended by 2001 PA 201; and to repeal acts and parts of acts. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 601. (1) The circuit court has the power and 2 jurisdiction: 3 (a) Possessed by courts of record at the common law, as 4 altered by the state constitution of 1963, the laws of this 5 state, and the rules of the supreme court. 07261'02 DRM 2 1 (b) Possessed by courts and judges in chancery in England on 2 March 1, 1847, as altered by the state constitution of 1963, the 3 laws of this state, and the rules of the supreme court. 4 (c) Prescribed by the rules of the supreme court. 5 (2) The circuit court has exclusive jurisdiction over con- 6 demnation cases commenced under the drain code of 1956,Act7No. 40 of the Public Acts of 1956, being sections 280.1 to8280.630 of the Michigan Compiled Laws1956 PA 40, MCL 280.1 TO 9 280.630. 10(3) The family division of circuit court has jurisdiction11as provided in chapter 10.12 Sec. 841. (1) The probate court has jurisdiction and power 13 as follows: 14 (a) As conferred upon it under the estates and protected 15 individuals code, 1998 PA 386, MCL 700.1101 to 700.8102. 16 (b) As conferred upon it under the mental health code, 1974 17 PA 258, MCL 330.1001 to 330.2106. 18 (c) As conferred upon it under this act. 19 (d) As conferred upon it under another law or compact. 20 (2) EXCEPT AS OTHERWISE PROVIDED BY LAW, THE PROBATE COURT 21 HAS SOLE AND EXCLUSIVE JURISDICTION OVER THE FOLLOWING CASES COM- 22 MENCED ON OR AFTER JANUARY 1, 2003: 23 (A) CASES OF DIVORCE AND ANCILLARY MATTERS AS SET FORTH IN 24 THE FOLLOWING STATUTES: 25 (i) 1846 RS 84, MCL 552.1 TO 552.45. 26 (ii) 1909 PA 259, MCL 552.101 TO 552.104. 07261'02 3 1 (iii) 1911 PA 52, MCL 552.121 TO 552.123. 2 (iv) 1913 PA 379, MCL 552.151 TO 552.156. 3 (v) THE FRIEND OF THE COURT ACT, 1982 PA 294, MCL 552.501 TO 4 552.535. 5 (vi) 1905 PA 299, MCL 552.391. 6 (vii) 1949 PA 42, MCL 552.401 TO 552.402. 7 (viii) THE FAMILY SUPPORT ACT, 1966 PA 138, MCL 552.451 TO 8 552.459. 9 (ix) THE SUPPORT AND PARENTING TIME ENFORCEMENT ACT, 1982 PA 10 295, MCL 552.601 TO 552.650. 11 (x) THE INTERSTATE INCOME WITHHOLDING ACT, 1985 PA 216, MCL 12 552.671 TO 552.685. 13 (B) CASES OF ADOPTION AS PROVIDED IN CHAPTER X OF THE PRO- 14 BATE CODE OF 1939, 1939 PA 288, MCL 710.21 TO 710.70. 15 (C) CASES INVOLVING CERTAIN CHILDREN INCAPABLE OF ADOPTION 16 UNDER 1925 PA 271, MCL 722.531 TO 722.534. 17 (D) CASES INVOLVING A CHANGE OF NAME AS PROVIDED IN CHAPTER 18 XI OF THE PROBATE CODE OF 1939, 1939 PA 288, MCL 711.1 TO 711.3. 19 (E) CASES INVOLVING JUVENILES AS PROVIDED IN CHAPTER XIIA OF 20 THE PROBATE CODE OF 1939, 1939 PA 288, MCL 712A.1 TO 712A.32. 21 (F) CASES INVOLVING THE STATUS OF MINORS AND THE EMANCIPA- 22 TION OF MINORS UNDER 1968 PA 293, MCL 722.1 TO 722.6. 23 (G) CASES OF CHILD CUSTODY UNDER THE CHILD CUSTODY ACT OF 24 1970, 1970 PA 91, MCL 722.21 TO 722.31, AND CHILD CUSTODY JURIS- 25 DICTION AS PROVIDED IN SECTIONS 651 TO 673. 26 (H) CASES INVOLVING PATERNITY AND CHILD SUPPORT UNDER THE 27 PATERNITY ACT, 1956 PA 205, MCL 722.711 TO 722.730. 07261'02 4 1 (I) CASES INVOLVING PARENTAL CONSENT FOR ABORTIONS PERFORMED 2 ON UNEMANCIPATED MINORS UNDER THE PARENTAL RIGHTS RESTORATION 3 ACT, 1990 PA 211, MCL 722.901 TO 722.908. 4 (J) CASES INVOLVING CHILD SUPPORT UNDER THE REVISED UNIFORM 5 RECIPROCAL ENFORCEMENT OF SUPPORT ACT, 1952 PA 8, MCL 780.151 TO 6 780.183. 7 (K) CASES INVOLVING PERSONAL PROTECTION ORDERS UNDER SEC- 8 TIONS 2950 AND 2950A. 9 (l) CASES INVOLVING GUARDIANS AND CONSERVATORS AS PROVIDED 10 IN ARTICLE 5 OF THE ESTATES AND PROTECTED INDIVIDUALS CODE, 1998 11 PA 386, MCL 700.5101 TO 700.5513. 12 (M) CASES INVOLVING TREATMENT OF, OR GUARDIANSHIP OF, MEN- 13 TALLY ILL OR DEVELOPMENTALLY DISABLED PERSONS UNDER THE MENTAL 14 HEALTH CODE, 1974 PA 258, MCL 330.1001 TO 330.2106. 15 Sec. 1517. (1) Subject to the approvals required under 16 subsections (2) and (3), the chief judge of a circuit may desig- 17 nate 1 or more places in the county or counties in that circuit, 18 in addition to the county seat and places otherwise designated by 19 law, where regular terms of circuit court may be held. The des- 20 ignation shall be in writing and shall be delivered to the state 21 court administrator and to the county clerk of each county in the 22 circuit. 23 (2) A designation made under subsection (1) shall not take 24 effect unless the designation is approved by the state court 25 administrator and by the county board of commissioners of each 26 county in the circuit. The approval by a county board of 27 commissioners and the state court administrator may be for a 07261'02 5 1 specific period of time and may require that the designation be 2 subject to reapproval by that county board of commissioners and 3 the state court administrator at intervals determined by that 4 county board of commissioners and the state court administrator. 5(3) The family division of circuit court may hold sessions6of court at an alternative primary location designated under sec-7tion 816.8(4) If the family division has ancillary jurisdiction in the9case, a judge of the family division may hold sessions of the10court at the regional diagnostic and treatment center assigned to11his or her court if sessions are approved by the state court12administrator. The center shall provide an area for court ses-13sions to which the public has access.14(5) Nothing in this section prohibits a judge from holding a15hearing regarding an allegedly incapacitated individual or an16allegedly mentally ill person at a site considered appropriate by17the court as provided by section 5304 of the estates and pro-18tected individuals code, 1998 PA 386, MCL 700.5304, or section19456 of the mental health code, 1974 PA 258, MCL 330.1456.20Nothing in this section prohibits a judge from holding a hearing21regarding an individual alleged to need protection at a site the22court considers appropriate as provided by section 5406 of the23estates and protected individuals code, 1998 PA 386, MCL24700.5406.25 Sec. 2665.NoA practicing attorney or counselor shall 26 NOT become a surety or post bond for any client in criminal or 27 civil matters. This sectionshallDOES not apply to any bond 07261'02 6 1 of $100.00 or less required to be filed by a fiduciary in the 2 probate court.or the family division of circuit court.3 Sec. 2950. (1) Except as provided in subsections (27) and 4 (28), by commencing an independent action to obtain relief under 5 this section, by joining a claim to an action, or by filing a 6 motion in an action in which the petitioner and the individual to 7 be restrained or enjoined are parties, an individual may petition 8 thefamily division of circuitPROBATE court to enter a per- 9 sonal protection order to restrain or enjoin a spouse, a former 10 spouse, an individual with whom he or she has had a child in 11 common, an individual with whom he or she has or has had a dating 12 relationship, or an individual residing or having resided in the 13 same household as the petitioner from doing 1 or more of the 14 following: 15 (a) Entering onto premises. 16 (b) Assaulting, attacking, beating, molesting, or wounding a 17 named individual. 18 (c) Threatening to kill or physically injure a named 19 individual. 20 (d) Removing minor children from the individual having legal 21 custody of the children, except as otherwise authorized by a cus- 22 tody or parenting time order issued by a court of competent 23 jurisdiction. 24 (e) Purchasing or possessing a firearm. 25 (f) Interfering with petitioner's efforts to remove 26 petitioner's children or personal property from premises that are 07261'02 7 1 solely owned or leased by the individual to be restrained or 2 enjoined. 3 (g) Interfering with petitioner at petitioner's place of 4 employment or education or engaging in conduct that impairs 5 petitioner's employment or educational relationship or 6 environment. 7 (h) Having access to information in records concerning a 8 minor child of both petitioner and respondent that will inform 9 respondent about the address or telephone number of petitioner 10 and petitioner's minor child or about petitioner's employment 11 address. 12 (i) Engaging in conduct that is prohibited under section 13 411h or 411i of the Michigan penal code, 1931 PA 328, 14 MCL 750.411h and 750.411i. 15 (j) Any other specific act or conduct that imposes upon or 16 interferes with personal liberty or that causes a reasonable 17 apprehension of violence. 18 (2) If the respondent is a person who is issued a license to 19 carry a concealed weapon and is required to carry a weapon as a 20 condition of his or her employment, a police officer certified by 21 the commission on law enforcement standards act, 1965 PA 203, 22 MCL 28.601 to 28.616, a sheriff, a deputy sheriff or a member of 23 the Michigan department of state police, a local corrections 24 officer, department of corrections employee, or a federal law 25 enforcement officer who carries a firearm during the normal 26 course of his or her employment, the petitioner shall notify the 27 court of the respondent's occupation prior to the issuance of the 07261'02 8 1 personal protection order. This subsection does not apply to a 2 petitioner who does not know the respondent's occupation. 3 (3) A petitioner may omit his or her address of residence 4 from documents filed with the court under this section. If a 5 petitioner omits his or her address of residence, the petitioner 6 shall provide the court with a mailing address. 7 (4) The court shall issue a personal protection order under 8 this section if the court determines that there is reasonable 9 cause to believe that the individual to be restrained or enjoined 10 may commit 1 or more of the acts listed in subsection (1). In 11 determining whether reasonable cause exists, the court shall con- 12 sider all of the following: 13 (a) Testimony, documents, or other evidence offered in sup- 14 port of the request for a personal protection order. 15 (b) Whether the individual to be restrained or enjoined has 16 previously committed or threatened to commit 1 or more of the 17 acts listed in subsection (1). 18 (5) A court shall not issue a personal protection order that 19 restrains or enjoins conduct described in subsection (1)(a) if 20 all of the following apply: 21 (a) The individual to be restrained or enjoined is not the 22 spouse of the moving party. 23 (b) The individual to be restrained or enjoined or the 24 parent, guardian, or custodian of the minor to be restrained or 25 enjoined has a property interest in the premises. 26 (c) The moving party or the parent, guardian, or custodian 27 of a minor petitioner has no property interest in the premises. 07261'02 9 1 (6) A court shall not refuse to issue a personal protection 2 order solely due to the absence of any of the following: 3 (a) A police report. 4 (b) A medical report. 5 (c) A report or finding of an administrative agency. 6 (d) Physical signs of abuse or violence. 7 (7) If the court refuses to grant a personal protection 8 order, it shall state immediately in writing the specific reasons 9 it refused to issue a personal protection order. If a hearing is 10 held, the court shall also immediately state on the record the 11 specific reasons it refuses to issue a personal protection 12 order. 13 (8) A personal protection order shall not be made mutual. 14 Correlative separate personal protection orders are prohibited 15 unless both parties have properly petitioned the court pursuant 16 to subsection (1). 17 (9) A personal protection order is effective and immediately 18 enforceable anywhere in this state when signed by a judge. Upon 19 service, a personal protection order may also be enforced by 20 another state, an Indian tribe, or a territory of the United 21 States. 22 (10) The court shall designate the law enforcement agency 23 that is responsible for entering the personal protection order 24 into the law enforcement information network as provided by the 25 L.E.I.N. policy council act of 1974, 1974 PA 163, MCL 28.211 to 26 28.216. 07261'02 10 1 (11) A personal protection order shall include all of the 2 following, and to the extent practicable the following shall be 3 contained in a single form: 4 (a) A statement that the personal protection order has been 5 entered to restrain or enjoin conduct listed in the order and 6 that violation of the personal protection order will subject the 7 individual restrained or enjoined to 1 or more of the following: 8 (i) If the respondent is 17 years of age or more, immediate 9 arrest and the civil and criminal contempt powers of the court, 10 and that if he or she is found guilty of criminal contempt, he or 11 she shall be imprisoned for not more than 93 days and may be 12 fined not more than $500.00. 13 (ii) If the respondent is less than 17 years of age, immedi- 14 ate apprehension or being taken into custody, and subject to the 15 dispositional alternatives listed in section 18 of chapter XIIA 16 of the probate code of 1939, 1939 PA 288, MCL 712A.18. 17 (iii) If the respondent violates the personal protection 18 order in a jurisdiction other than this state, the respondent is 19 subject to the enforcement procedures and penalties of the state, 20 Indian tribe, or United States territory under whose jurisdiction 21 the violation occurred. 22 (b) A statement that the personal protection order is effec- 23 tive and immediately enforceable anywhere in this state when 24 signed by a judge, and that, upon service, a personal protection 25 order also may be enforced by another state, an Indian tribe, or 26 a territory of the United States. 07261'02 11 1 (c) A statement listing the type or types of conduct 2 enjoined. 3 (d) An expiration date stated clearly on the face of the 4 order. 5 (e) A statement that the personal protection order is 6 enforceable anywhere in Michigan by any law enforcement agency. 7 (f) The law enforcement agency designated by the court to 8 enter the personal protection order into the law enforcement 9 information network. 10 (g) For ex parte orders, a statement that the individual 11 restrained or enjoined may file a motion to modify or rescind the 12 personal protection order and request a hearing within 14 days 13 after the individual restrained or enjoined has been served or 14 has received actual notice of the order and that motion forms and 15 filing instructions are available from the clerk of the court. 16 (12) An ex parte personal protection order shall be issued 17 and effective without written or oral notice to the individual 18 restrained or enjoined or his or her attorney if it clearly 19 appears from specific facts shown by verified complaint, written 20 motion, or affidavit that immediate and irreparable injury, loss, 21 or damage will result from the delay required to effectuate 22 notice or that the notice will itself precipitate adverse action 23 before a personal protection order can be issued. 24 (13) A personal protection order issued under subsection 25 (12) is valid for not less than 182 days. The individual 26 restrained or enjoined may file a motion to modify or rescind the 27 personal protection order and request a hearing under the 07261'02 12 1 Michigan court rules. The motion to modify or rescind the 2 personal protection order shall be filed within 14 days after the 3 order is served or after the individual restrained or enjoined 4 has received actual notice of the personal protection order 5 unless good cause is shown for filing the motion after the 14 6 days have elapsed. 7 (14) Except as otherwise provided in this subsection, the 8 court shall schedule a hearing on the motion to modify or rescind 9 the ex parte personal protection order within 14 days after the 10 filing of the motion to modify or rescind. If the respondent is 11 a person described in subsection (2) and the personal protection 12 order prohibits him or her from purchasing or possessing a fire- 13 arm, the court shall schedule a hearing on the motion to modify 14 or rescind the ex parte personal protection order within 5 days 15 after the filing of the motion to modify or rescind. 16 (15) The clerk of the court that issues a personal protec- 17 tion order shall do all of the following immediately upon issu- 18 ance and without requiring a proof of service on the individual 19 restrained or enjoined: 20 (a) File a true copy of the personal protection order with 21 the law enforcement agency designated by the court in the per- 22 sonal protection order. 23 (b) Provide the petitioner with not less than 2 true copies 24 of the personal protection order. 25 (c) If respondent is identified in the pleadings as a law 26 enforcement officer, notify the officer's employing law 07261'02 13 1 enforcement agency, if known, about the existence of the personal 2 protection order. 3 (d) If the personal protection order prohibits respondent 4 from purchasing or possessing a firearm, notify the concealed 5 weapon licensing board in respondent's county of residence about 6 the existence and contents of the personal protection order. 7 (e) If the respondent is identified in the pleadings as a 8 department of corrections employee, notify the state department 9 of corrections about the existence of the personal protection 10 order. 11 (f) If the respondent is identified in the pleadings as 12 being a person who may have access to information concerning the 13 petitioner or a child of the petitioner or respondent and that 14 information is contained in friend of the court records, notify 15 the friend of the court for the county in which the information 16 is located about the existence of the personal protection order. 17 (16) The clerk of the court shall inform the petitioner that 18 he or she may take a true copy of the personal protection order 19 to the law enforcement agency designated by the court in subsec- 20 tion (10) to be immediately entered into the law enforcement 21 information network. 22 (17) The law enforcement agency that receives a true copy of 23 the personal protection order under subsection (15) or (16) shall 24 immediately and without requiring proof of service enter the per- 25 sonal protection order into the law enforcement information net- 26 work as provided by the L.E.I.N. policy council act of 1974, 1974 27 PA 163, MCL 28.211 to 28.216. 07261'02 14 1 (18) A personal protection order issued under this section 2 shall be served personally or by registered or certified mail, 3 return receipt requested, delivery restricted to the addressee at 4 the last known address or addresses of the individual restrained 5 or enjoined or by any other manner provided in the Michigan court 6 rules. If the individual restrained or enjoined has not been 7 served, a law enforcement officer or clerk of the court who knows 8 that a personal protection order exists may, at any time, serve 9 the individual restrained or enjoined with a true copy of the 10 order or advise the individual restrained or enjoined about the 11 existence of the personal protection order, the specific conduct 12 enjoined, the penalties for violating the order, and where the 13 individual restrained or enjoined may obtain a copy of the 14 order. If the respondent is less than 18 years of age, the 15 parent, guardian, or custodian of that individual shall also be 16 served personally or by registered or certified mail, return 17 receipt requested, delivery restricted to the addressee at the 18 last known address or addresses of the parent, guardian, or cus- 19 todian of the individual restrained or enjoined. A proof of 20 service or proof of oral notice shall be filed with the clerk of 21 the court issuing the personal protection order. This subsection 22 does not prohibit the immediate effectiveness of a personal pro- 23 tection order or its immediate enforcement under subsections (21) 24 and (22). 25 (19) The clerk of the court shall immediately notify the law 26 enforcement agency that received the personal protection order 27 under subsection (15) or (16) if either of the following occurs: 07261'02 15 1 (a) The clerk of the court has received proof that the 2 individual restrained or enjoined has been served. 3 (b) The personal protection order is rescinded, modified, or 4 extended by court order. 5 (20) The law enforcement agency that receives information 6 under subsection (19) shall enter the information or cause the 7 information to be entered into the law enforcement information 8 network as provided by the L.E.I.N. policy council act of 1974, 9 1974 PA 163, MCL 28.211 to 28.216. 10 (21) Subject to subsection (22), a personal protection order 11 is immediately enforceable anywhere in this state by any law 12 enforcement agency that has received a true copy of the order, is 13 shown a copy of it, or has verified its existence on the law 14 enforcement information network as provided by the 15 L.E.I.N. policy council act of 1974, 1974 PA 163, MCL 28.211 to 16 28.216. 17 (22) If the individual restrained or enjoined has not been 18 served, the law enforcement agency or officer responding to a 19 call alleging a violation of a personal protection order shall 20 serve the individual restrained or enjoined with a true copy of 21 the order or advise the individual restrained or enjoined about 22 the existence of the personal protection order, the specific con- 23 duct enjoined, the penalties for violating the order, and where 24 the individual restrained or enjoined may obtain a copy of the 25 order. The law enforcement officer shall enforce the personal 26 protection order and immediately enter or cause to be entered 27 into the law enforcement information network that the individual 07261'02 16 1 restrained or enjoined has actual notice of the personal 2 protection order. The law enforcement officer also shall file a 3 proof of service or proof of oral notice with the clerk of the 4 court issuing the personal protection order. If the individual 5 restrained or enjoined has not received notice of the personal 6 protection order, the individual restrained or enjoined shall be 7 given an opportunity to comply with the personal protection order 8 before the law enforcement officer makes a custodial arrest for 9 violation of the personal protection order. The failure to imme- 10 diately comply with the personal protection order shall be 11 grounds for an immediate custodial arrest. This subsection does 12 not preclude an arrest under section 15 or 15a of chapter IV of 13 the code of criminal procedure, 1927 PA 175, MCL 764.15 and 14 764.15a, or a proceeding under section 14 of chapter XIIA of the 15 probate code of 1939, 1939 PA 288, MCL 712A.14. 16 (23) An individual who is 17 years of age or more and who 17 refuses or fails to comply with a personal protection order under 18 this section is subject to the criminal contempt powers of the 19 court and, if found guilty, shall be imprisoned for not more than 20 93 days and may be fined not more than $500.00. An individual 21 who is less than 17 years of age and who refuses or fails to 22 comply with a personal protection order issued under this section 23 is subject to the dispositional alternatives listed in section 18 24 of chapter XIIA of the probate code of 1939, 1939 PA 288, 25 MCL 712A.18. The criminal penalty provided for under this sec- 26 tion may be imposed in addition to a penalty that may be imposed 27 for another criminal offense arising from the same conduct. 07261'02 17 1 (24) An individual who knowingly and intentionally makes a 2 false statement to the court in support of his or her petition 3 for a personal protection order is subject to the contempt powers 4 of the court. 5 (25) A personal protection order issued under this section 6 is also enforceable under chapter XIIA of the probate code of 7 1939, 1939 PA 288, MCL 712A.1 to 712A.32, and section 15b of 8 chapter IV of the code of criminal procedure, 1927 PA 175, 9 MCL 764.15b. 10 (26) A personal protection order issued under this section 11 is also enforceable under chapter 17. 12 (27) A court shall not issue a personal protection order 13 that restrains or enjoins conduct described in subsection (1) if 14 any of the following apply: 15 (a) The respondent is the unemancipated minor child of the 16 petitioner. 17 (b) The petitioner is the unemancipated minor child of the 18 respondent. 19 (c) The respondent is a minor child less than 10 years of 20 age. 21 (28) If the respondent is less than 18 years of age, issu- 22 ance of a personal protection order under this section is subject 23 to chapter XIIA of the probate code of 1939, 1939 PA 288, 24 MCL 712A.1 to 712A.32. 25 (29) A personal protection order that is issued prior to the 26 effective date of the amendatory act that added this subsection 07261'02 18 1 is not invalid on the ground that it does not comply with 1 or 2 more of the requirements added by this amendatory act. 3 (30) As used in this section: 4 (a) "Dating relationship" means frequent, intimate associa- 5 tions primarily characterized by the expectation of affectional 6 involvement. This term does not include a casual relationship or 7 an ordinary fraternization between 2 individuals in a business or 8 social context. 9 (b) "Federal law enforcement officer" means an officer or 10 agent employed by a law enforcement agency of the United States 11 government whose primary responsibility is the enforcement of 12 laws of the United States. 13 (c) "Personal protection order" means an injunctive order 14 issued by thecircuit court or the family division of circuit15 PROBATE court restraining or enjoining activity and individuals 16 listed in subsection (1). 17 Sec. 2950a. (1) Except as provided in subsections (25) and 18 (26), by commencing an independent action to obtain relief under 19 this section, by joining a claim to an action, or by filing a 20 motion in an action in which the petitioner and the individual to 21 be restrained or enjoined are parties, an individual may petition 22 thefamily division of circuitPROBATE court to enter a per- 23 sonal protection order to restrain or enjoin an individual from 24 engaging in conduct that is prohibited under section 411h or 411i 25 of the Michigan penal code, 1931 PA 328, MCL 750.411h and 26 750.411i. Relief shall not be granted unless the petition 27 alleges facts that constitute stalking as defined in section 411h 07261'02 19 1 or 411i of the Michigan penal code, 1931 PA 328, MCL 750.411h and 2 750.411i. Relief may be sought and granted under this section 3 whether or not the individual to be restrained or enjoined has 4 been charged or convicted under section 411h or 411i of the 5 Michigan penal code, 1931 PA 328, MCL 750.411h and 750.411i, for 6 the alleged violation. 7 (2) If the respondent is a person who is issued a license to 8 carry a concealed weapon and is required to carry a weapon as a 9 condition of his or her employment, a police officer certified by 10 the commission on law enforcement standards act, 1965 PA 203, 11 MCL 28.601 to 28.616, a sheriff, a deputy sheriff or a member of 12 the Michigan department of state police, a local corrections 13 officer, a department of corrections employee, or a federal law 14 enforcement officer who carries a firearm during the normal 15 course of his or her employment, the petitioner shall notify the 16 court of the respondent's occupation prior to the issuance of the 17 personal protection order. This subsection does not apply to a 18 petitioner who does not know the respondent's occupation. 19 (3) A petitioner may omit his or her address of residence 20 from documents filed with the court under this section. If a 21 petitioner omits his or her address of residence, the petitioner 22 shall provide the court a mailing address. 23 (4) If a court refuses to grant a personal protection order, 24 the court shall immediately state in writing the specific reasons 25 for issuing or refusing to issue a personal protection order. If 26 a hearing is held, the court shall also immediately state on the 07261'02 20 1 record the specific reasons for issuing or refusing to issue a 2 personal protection order. 3 (5) A personal protection order shall not be made mutual. 4 Correlative separate personal protection orders are prohibited 5 unless both parties have properly petitioned the court according 6 to subsection (1). 7 (6) A personal protection order is effective and immediately 8 enforceable anywhere in this state when signed by a judge. Upon 9 service, a personal protection order also may be enforced by 10 another state, an Indian tribe, or a territory of the United 11 States. 12 (7) The court shall designate the law enforcement agency 13 that is responsible for entering the personal protection order 14 into the L.E.I.N. 15 (8) A personal protection order issued under this section 16 shall include all of the following, and to the extent practicable 17 contained in a single form: 18 (a) A statement that the personal protection order has been 19 entered to enjoin or restrain conduct listed in the order and 20 that violation of the personal protection order will subject the 21 individual restrained or enjoined to 1 or more of the following: 22 (i) If the respondent is 17 years of age or more, immediate 23 arrest and the civil and criminal contempt powers of the court, 24 and that if he or she is found guilty of criminal contempt, he or 25 she shall be imprisoned for not more than 93 days and may be 26 fined not more than $500.00. 07261'02 21 1 (ii) If the respondent is less than 17 years of age, to 2 immediate apprehension or being taken into custody, and subject 3 to the dispositional alternatives listed in section 18 of chapter 4 XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.18. 5 (iii) If the respondent violates the personal protection 6 order in a jurisdiction other than this state, the respondent is 7 subject to the enforcement procedures and penalties of the state, 8 Indian tribe, or United States territory under whose jurisdiction 9 the violation occurred. 10 (b) A statement that the personal protection order is effec- 11 tive and immediately enforceable anywhere in this state when 12 signed by a judge, and that upon service, a personal protection 13 order also may be enforced by another state, an Indian tribe, or 14 a territory of the United States. 15 (c) A statement listing each type of conduct enjoined. 16 (d) An expiration date stated clearly on the face of the 17 order. 18 (e) A statement that the personal protection order is 19 enforceable anywhere in Michigan by any law enforcement agency. 20 (f) The law enforcement agency designated by the court to 21 enter the personal protection order into the L.E.I.N. 22 (g) For an ex parte order, a statement that the individual 23 restrained or enjoined may file a motion to modify or rescind the 24 personal protection order and request a hearing within 14 days 25 after the individual restrained or enjoined has been served or 26 has received actual notice of the personal protection order and 07261'02 22 1 that motion forms and filing instructions are available from the 2 clerk of the court. 3 (9) An ex parte personal protection order shall not be 4 issued and effective without written or oral notice to the indi- 5 vidual enjoined or his or her attorney unless it clearly appears 6 from specific facts shown by verified complaint, written motion, 7 or affidavit that immediate and irreparable injury, loss, or 8 damage will result from the delay required to effectuate notice 9 or that the notice will precipitate adverse action before a per- 10 sonal protection order can be issued. 11 (10) A personal protection order issued under subsection (9) 12 is valid for not less than 182 days. The individual restrained 13 or enjoined may file a motion to modify or rescind the personal 14 protection order and request a hearing under the Michigan court 15 rules. The motion to modify or rescind the personal protection 16 order shall be filed within 14 days after the order is served or 17 after the individual restrained or enjoined has received actual 18 notice of the personal protection order unless good cause is 19 shown for filing the motion after 14 days have elapsed. 20 (11) Except as otherwise provided in this subsection, the 21 court shall schedule a hearing on the motion to modify or rescind 22 the ex parte personal protection order within 14 days after the 23 filing of the motion to modify or rescind. If the respondent is 24 a person described in subsection (2) and the personal protection 25 order prohibits him or her from purchasing or possessing a fire- 26 arm, the court shall schedule a hearing on the motion to modify 07261'02 23 1 or rescind the ex parte personal protection order within 5 days 2 after the filing of the motion to modify or rescind. 3 (12) The clerk of the court that issues a personal protec- 4 tion order shall do all of the following immediately upon issu- 5 ance without requiring proof of service on the individual 6 restrained or enjoined: 7 (a) File a true copy of the personal protection order with 8 the law enforcement agency designated by the court in the per- 9 sonal protection order. 10 (b) Provide petitioner with not less than 2 true copies of 11 the personal protection order. 12 (c) If respondent is identified in the pleadings as a law 13 enforcement officer, notify the officer's employing law enforce- 14 ment agency about the existence of the personal protection 15 order. 16 (d) If the personal protection order prohibits the respon- 17 dent from purchasing or possessing a firearm, notify the con- 18 cealed weapon licensing board in respondent's county of residence 19 about the existence and content of the personal protection 20 order. 21 (e) If the respondent is identified in the pleadings as a 22 department of corrections employee, notify the state department 23 of corrections about the existence of the personal protection 24 order. 25 (f) If the respondent is identified in the pleadings as 26 being a person who may have access to information concerning the 27 petitioner or a child of the petitioner or respondent and that 07261'02 24 1 information is contained in friend of the court records, notify 2 the friend of the court for the county in which the information 3 is located about the existence of the personal protection order. 4 (13) The clerk of the court shall inform the petitioner that 5 he or she may take a true copy of the personal protection order 6 to the law enforcement agency designated by the court in subsec- 7 tion (7) to be immediately entered into the L.E.I.N. 8 (14) The law enforcement agency that receives a true copy of 9 the personal protection order under subsection (12) or (13) shall 10 immediately, without requiring proof of service, enter the per- 11 sonal protection order into the L.E.I.N. 12 (15) A personal protection order issued under this section 13 shall be served personally or by registered or certified mail, 14 return receipt requested, delivery restricted to the addressee at 15 the last known address or addresses of the individual restrained 16 or enjoined or by any other manner provided in the Michigan court 17 rules. If the individual restrained or enjoined has not been 18 served, a law enforcement officer or clerk of the court who knows 19 that a personal protection order exists may, at any time, serve 20 the individual restrained or enjoined with a true copy of the 21 order or advise the individual restrained or enjoined about the 22 existence of the personal protection order, the specific conduct 23 enjoined, the penalties for violating the order, and where the 24 individual restrained or enjoined may obtain a copy of the 25 order. If the respondent is less than 18 years of age, the 26 parent, guardian, or custodian of that individual shall also be 27 served personally or by registered or certified mail, return 07261'02 25 1 receipt requested, delivery restricted to the addressee at the 2 last known address or addresses of the parent, guardian, or cus- 3 todian of the individual restrained or enjoined. A proof of 4 service or proof of oral notice shall be filed with the clerk of 5 the court issuing the personal protection order. This subsection 6 does not prohibit the immediate effectiveness of a personal pro- 7 tection order or immediate enforcement under subsection (18) or 8 (19). 9 (16) The clerk of the court shall immediately notify the law 10 enforcement agency that received the personal protection order 11 under subsection (12) or (13) if either of the following occurs: 12 (a) The clerk of the court has received proof that the indi- 13 vidual restrained or enjoined has been served. 14 (b) The personal protection order is rescinded, modified, or 15 extended by court order. 16 (17) The law enforcement agency that receives information 17 under subsection (16) shall enter the information or cause the 18 information to be entered into the L.E.I.N. 19 (18) Subject to subsection (19), a personal protection order 20 is immediately enforceable anywhere in this state by any law 21 enforcement agency that has received a true copy of the order, is 22 shown a copy of it, or has verified its existence on the 23 L.E.I.N. 24 (19) If the individual restrained or enjoined has not been 25 served, the law enforcement agency or officer responding to a 26 call alleging a violation of a personal protection order shall 27 serve the individual restrained or enjoined with a true copy of 07261'02 26 1 the order or advise the individual restrained or enjoined about 2 the existence of the personal protection order, the specific con- 3 duct enjoined, the penalties for violating the order, and where 4 the individual restrained or enjoined may obtain a copy of the 5 order. The law enforcement officer shall enforce the personal 6 protection order and immediately enter or cause to be entered 7 into the L.E.I.N. that the individual restrained or enjoined has 8 actual notice of the personal protection order. The law enforce- 9 ment officer also shall file a proof of service or proof of oral 10 notice with the clerk of the court issuing the personal protec- 11 tion order. If the individual restrained or enjoined has not 12 received notice of the personal protection order, the individual 13 restrained or enjoined shall be given an opportunity to comply 14 with the personal protection order before the law enforcement 15 officer makes a custodial arrest for violation of the personal 16 protection order. Failure to immediately comply with the per- 17 sonal protection order is grounds for an immediate custodial 18 arrest. This subsection does not preclude an arrest under 19 section 15 or 15a of chapter IV of the code of criminal proce- 20 dure, 1927 PA 175, MCL 764.15 and 764.15a, or a proceeding under 21 section 14 of chapter XIIA of the probate code of 1939, 1939 22 PA 288, MCL 712A.14. 23 (20) An individual 17 years of age or more who refuses or 24 fails to comply with a personal protection order issued under 25 this section is subject to the criminal contempt powers of the 26 court and, if found guilty of criminal contempt, shall be 27 imprisoned for not more than 93 days and may be fined not more 07261'02 27 1 than $500.00. An individual less than 17 years of age who 2 refuses or fails to comply with a personal protection order 3 issued under this section is subject to the dispositional alter- 4 natives listed in section 18 of chapter XIIA of the probate code 5 of 1939, 1939 PA 288, MCL 712A.18. The criminal penalty provided 6 for under this section may be imposed in addition to any penalty 7 that may be imposed for any other criminal offense arising from 8 the same conduct. 9 (21) An individual who knowingly and intentionally makes a 10 false statement to the court in support of his or her petition 11 for a personal protection order is subject to the contempt powers 12 of the court. 13 (22) A personal protection order issued under this section 14 is also enforceable under chapter XIIA of the probate code of 15 1939, 1939 PA 288, MCL 712A.1 to 712A.32, and section 15b of 16 chapter IV of the code of criminal procedure, 1927 PA 175, 17 MCL 764.15b. 18 (23) A personal protection order issued under this section 19 may enjoin or restrain an individual from purchasing or possess- 20 ing a firearm. 21 (24) A personal protection order issued under this section 22 is also enforceable under chapter 17. 23 (25) A court shall not issue a personal protection order 24 that restrains or enjoins conduct described in subsection (1) if 25 any of the following apply: 26 (a) The respondent is the unemancipated minor child of the 27 petitioner. 07261'02 28 1 (b) The petitioner is the unemancipated minor child of the 2 respondent. 3 (c) The respondent is a minor child less than 10 years of 4 age. 5 (26) If the respondent is less than 18 years of age, issu- 6 ance of a personal protection order under this section is subject 7 to chapter XIIA of the probate code of 1939, 1939 PA 288, 8 MCL 712A.1 to 712A.32. 9 (27) A personal protection order that is issued before March 10 1, 1999 is not invalid on the ground that it does not comply with 11 1 or more of the requirements added by 1998 PA 476. 12 (28) A court shall not issue a personal protection order 13 under this section if the petitioner is a prisoner. If a per- 14 sonal protection order is issued in violation of this subsection, 15 a court shall rescind the personal protection order upon notifi- 16 cation and verification that the petitioner is a prisoner. 17 (29) As used in this section: 18 (a) "Federal law enforcement officer" means an officer or 19 agent employed by a law enforcement agency of the United States 20 government whose primary responsibility is the enforcement of 21 laws of the United States. 22 (b) "L.E.I.N." means the law enforcement information net- 23 work administered under the L.E.I.N. policy council act of 1974, 24 1974 PA 163, MCL 28.211 to 28.216. 25 (c) "Personal protection order" means an injunctive order 26 issued bycircuit court or the family division of circuit27 PROBATE court restraining or enjoining conduct prohibited under 07261'02 29 1 section 411h or 411i of the Michigan penal code, 1931 PA 328, 2 MCL 750.411h and 750.411i. 3 (d) "Prisoner" means a person subject to incarceration, 4 detention, or admission to a prison who is accused of, convicted 5 of, sentenced for, or adjudicated delinquent for violations of 6 federal, state, or local law or the terms and conditions of 7 parole, probation, pretrial release, or a diversionary program. 8 Enacting section 1. Chapter 10 of the revised judicature 9 act, 1961 PA 236, MCL 600.1001 to 600.1043, is repealed. 07261'02 Final page. DRM