HOUSE BILL No. 4844

 

June 30, 2011, Introduced by Rep. Pettalia 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 2010 PA 19, and by adding section 2950n.

 

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 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 is a person an individual 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 occupation prior to the issuance of

 

the personal protection order. This subsection does not apply to a

 

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 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 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) 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 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

 

under subsection (1).

 

     (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 is 17 years of age or more, 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 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 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 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 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 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 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 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

 

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. If the respondent is a

 

person an individual 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:

 

     (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 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 from

 

purchasing or possessing a firearm, notify the concealed weapon

 

licensing board in respondent's county of residence about the

 

existence and contents of the personal protection order.

 

     (e) If the respondent 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 is identified in the pleadings as being

 

a person an individual who may have access to information

 

concerning the petitioner 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. The information

 

shall be maintained in the law enforcement information network for

 

10 years after it is entered. The law enforcement agency shall also

 

enter information into the Michigan personal protection order

 

internet registry created in section 2950n in accordance with

 

directions developed under section 2950n.

 

     (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 or by any other manner provided in the Michigan court

 

rules. If the individual restrained or enjoined 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 with a true copy of the order or

 

advise the individual restrained or enjoined 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 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 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 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. The information

 

shall be maintained in the law enforcement information network for

 

10 years after it is entered. The law enforcement agency shall also

 

enter information into the Michigan personal protection order

 

internet registry created in section 2950n in accordance with

 

directions developed under section 2950n.

 

     (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 has not been

 

served, the law enforcement agency or officer responding to a call

 

alleging a violation of a personal protection order shall serve the

 

individual restrained or enjoined with a true copy of the order or

 

advise the individual restrained or enjoined 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 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 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 has not received notice of

 

the personal protection order, the individual restrained or

 

enjoined 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) 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 is a minor child less than 10 years of age.

 

     (28) If the respondent 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.

 

     (29) A personal protection order that is issued prior to the

 

effective date of the amendatory act that added this subsection

 

before 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 (1).

 

     Sec. 2950a. (1) Except as provided in subsections (28), (29),

 

and (31), 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 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, 411i, or 411s of the

 

Michigan penal code, 1931 PA 328, MCL 750.411h, 750.411i, and

 

750.411s. Relief under this subsection shall not be granted unless

 

the petition alleges facts that constitute stalking as defined in

 

section 411h or 411i, or conduct that is prohibited under section

 

411s, of the Michigan penal code, 1931 PA 328, MCL 750.411h,

 

750.411i, and 750.411s. Relief may be sought and granted under this

 

subsection whether or not the individual to be restrained or

 

enjoined has been charged or convicted under section 411h, 411i, or

 

411s of the Michigan penal code, 1931 PA 328, MCL 750.411h,

 

750.411i, and 750.411s, for the alleged violation.

 

     (2) Except as provided in subsections (28), (29), and (31), 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 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 any of

 

the following:

 

     (a) One or more of the acts listed in subsection (3), if the

 

respondent has been convicted of a sexual assault of the

 

petitioner, or the respondent has been convicted of furnishing

 

obscene material to the petitioner under section 142 of the

 

Michigan penal code, 1931 PA 328, MCL 750.142, or a substantially

 

similar law of the United States, another state, or a foreign

 

country or tribal or military law. Relief under this subdivision

 

shall be granted if the court determines that the respondent has

 

been convicted of a sexual assault of the petitioner or that the

 

respondent was convicted of furnishing obscene material to the

 

petitioner under section 142 of the Michigan penal code, 1931 PA

 

328, MCL 750.142, or a substantially similar law of the United

 

States, another state, or a foreign country or tribal or military

 

law.

 

     (b) One or more of the acts listed in subsection (3), if the

 

petitioner has been subjected to, threatened with, or placed in

 

reasonable apprehension of sexual assault by the individual to be

 

enjoined. Relief under this subdivision shall not be granted unless

 

the petition alleges facts that demonstrate that the respondent has

 

perpetrated or threatened sexual assault against the petitioner.

 

Evidence that a respondent has furnished obscene material to a

 

minor petitioner shall constitute evidence that the respondent has

 

threatened sexual assault against the petitioner. Relief may be

 

sought and granted under this subdivision regardless of whether the

 

individual to be restrained or enjoined has been charged with or

 


convicted of sexual assault or an offense under section 142 of the

 

Michigan penal code, 1931 PA 328, MCL 750.142, or a substantially

 

similar law of the United States, another state, or a foreign

 

country or tribal or military law.

 

     (3) The court may restrain or enjoin an individual against

 

whom a protection order is sought under subsection (2) from 1 or

 

more of the following:

 

     (a) Entering onto premises.

 

     (b) Threatening to sexually assault, kill, or physically

 

injure petitioner or a named individual.

 

     (c) Purchasing or possessing a firearm.

 

     (d) Interfering with the petitioner's efforts to remove the

 

petitioner's children or personal property from premises that are

 

solely owned or leased by the individual to be restrained or

 

enjoined.

 

     (e) 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.

 

     (f) Following or appearing within the sight of the petitioner.

 

     (g) Approaching or confronting the petitioner in a public

 

place or on private property.

 

     (h) Appearing at the petitioner's workplace or residence.

 

     (i) Entering onto or remaining on property owned, leased, or

 

occupied by the petitioner.

 

     (j) Contacting the petitioner by telephone.

 

     (k) Sending mail or electronic communications to the

 

petitioner.

 


     (l) Placing an object on, or delivering an object to, property

 

owned, leased, or occupied by the petitioner.

 

     (m) Engaging in conduct that is prohibited under section 411s

 

of the Michigan penal code, 1931 PA 328, MCL 750.411s.

 

     (n) Any other specific act or conduct that imposes upon or

 

interferes with personal liberty or that causes a reasonable

 

apprehension of violence or sexual assault.

 

     (4) Section 520j of the Michigan penal code, 1931 PA 328, MCL

 

750.520j, applies in any hearing on a petition for, a motion to

 

modify or terminate, or an alleged violation of a personal

 

protection order requested or issued under subsection (2), except

 

as follows:

 

     (a) The written motion and offer of proof shall be filed at

 

least 24 hours before a hearing on a petition to issue a personal

 

protection order or on an alleged violation of a personal

 

protection order.

 

     (b) The written motion and offer of proof shall be filed at

 

the same time that a motion to modify or terminate a personal

 

protection order is filed.

 

     (5) If the respondent to a petition under this section is a

 

person an individual 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 occupation before the personal protection order is

 

issued. This subsection does not apply to a petitioner who does not

 

know the respondent's occupation.

 

     (6) 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.

 

     (7) If a court issues or refuses to issue a personal

 

protection order, the court shall immediately state in writing the

 

specific reasons for issuing or refusing to issue 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.

 

     (8) A personal protection order shall not be made mutual.

 

Correlative separate personal protection orders are prohibited

 

unless both parties have properly petitioned the court under

 

subsection (1) or (2).

 

     (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 also may 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

 

L.E.I.N.

 


     (11) A personal protection order issued under this section

 

shall include all of the following, to the extent practicable 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 is 17 years of age or older, immediate

 

arrest and the civil and criminal contempt powers of the court. If

 

the respondent 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 is less than 17 years of age, immediate

 

apprehension or being taken into custody and 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 violates the personal protection order

 

in a jurisdiction other than this state, 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 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 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.

 

     (12) An ex parte personal protection order shall not be issued

 

and effective without written or oral notice to the individual

 

enjoined 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.

 

     (13) A personal protection order issued under subsection (12)

 

is valid for not less than 182 days. The individual restrained or

 

enjoined 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 receives actual notice

 


of the personal protection order unless good cause is shown for

 

filing the motion after 14 days have elapsed.

 

     (14) 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

 

motion to modify or rescind is filed. If the respondent is a person

 

an individual described in subsection (5) 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 motion to modify or rescind is filed.

 

     (15) 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 2 or more true copies of the

 

personal protection order.

 

     (c) If the individual restrained or enjoined is identified in

 

the pleadings as a law enforcement officer, notify the officer's

 

employing law enforcement agency of the existence of the personal

 

protection order.

 

     (d) If the personal protection order prohibits the individual

 

restrained or enjoined from purchasing or possessing a firearm,

 

notify the concealed weapon licensing board in the individual's

 


county of residence of the existence and content of the personal

 

protection order.

 

     (e) If the individual restrained or enjoined is identified in

 

the pleadings as a department of corrections employee, notify the

 

department of corrections of the existence of the personal

 

protection order.

 

     (f) If the individual restrained or enjoined is identified in

 

the pleadings as a person an individual who may have access to

 

information concerning the petitioner or a child of the petitioner

 

or individual 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 of the existence of the personal

 

protection order.

 

     (16) The clerk of 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 under subsection (10) to be immediately

 

entered into the L.E.I.N.

 

     (17) The law enforcement agency that receives a true copy of a

 

personal protection order under subsection (15) or (16) shall

 

immediately, without requiring proof of service, enter the personal

 

protection order into the L.E.I.N. The information shall be

 

maintained in the L.E.I.N. for 10 years after it is entered. The

 

law enforcement agency shall also enter information into the

 

Michigan personal protection order internet registry created in

 

section 2950n in accordance with directions developed under section

 

2950n.

 


     (18) A personal protection order issued under this section

 

shall be served personally, 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

 

or by any other method allowed by the Michigan court rules. If the

 

individual restrained or enjoined 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 with a true copy of the order or advise the

 

individual restrained or enjoined 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 may obtain a copy of the order. If the individual

 

restrained or enjoined is less than 18 years of age, the parent,

 

guardian, or custodian of the individual 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. 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 (21) or

 

(22).

 

     (19) 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 (15) or

 

(16) if either or both of the following occur:

 


     (a) The clerk of the court receives proof that the individual

 

restrained or enjoined 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 L.E.I.N. The information shall

 

be maintained in the L.E.I.N. for 10 years after it is entered. The

 

law enforcement agency shall also enter information into the

 

Michigan personal protection order internet registry created in

 

section 2950n in accordance with directions developed under section

 

2950n.

 

     (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 L.E.I.N.

 

     (22) If the individual restrained or enjoined by a personal

 

protection order has not been served, a law enforcement agency or

 

officer responding to a call alleging a violation of the personal

 

protection order shall serve the individual restrained or enjoined

 

with a true copy of the order or advise the individual restrained

 

or enjoined 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 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 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 that issued the personal

 

protection order. If the individual restrained or enjoined has not

 

received notice of the personal protection order, the individual

 

restrained or enjoined 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.

 

     (23) An individual 17 years of age or 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 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.

 

     (24) An individual who knowingly and intentionally makes a

 


false statement to a 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 may

 

enjoin or restrain an individual from purchasing or possessing a

 

firearm.

 

     (27) A personal protection order issued under this section is

 

also enforceable under chapter 17.

 

     (28) A court shall not issue a personal protection order that

 

restrains or enjoins conduct described in subsection (1) or (3) 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 is a minor child less than 10 years of age.

 

     (29) If the respondent is less than 18 years old, 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.

 

     (30) A personal protection order 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.

 


     (31) 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.

 

     (32) As used in this section:

 

     (a) "Convicted" means 1 of the following:

 

     (i) The subject of a judgment of conviction or a probation

 

order entered in a court that has jurisdiction over criminal

 

offenses, including a tribal court or a military court.

 

     (ii) Assigned to youthful trainee status under sections 11 to

 

15 of chapter II of the code of criminal procedure, 1927 PA 175,

 

MCL 762.11 to 762.15, if the individual's status of youthful

 

trainee is revoked and an adjudication of guilt is entered.

 

     (iii) The subject of an order of disposition entered under

 

section 18 of chapter XIIA of the probate code of 1939, 1939 PA

 

288, MCL 712A.18, that is open to the general public under section

 

28 of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL

 

712A.28.

 

     (iv) The subject of an order of disposition or other

 

adjudication in a juvenile matter in another state or country.

 

     (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) "L.E.I.N." means the law enforcement information network

 

administered under the C.J.I.S. policy council act, 1974 PA 163,

 


MCL 28.211 to 28.215.

 

     (d) "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 subsection (1) or

 

(3).

 

     (e) "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.

 

     (f) "Sexual assault" means an act, attempted act, or

 

conspiracy to engage in an act of criminal conduct as defined in

 

section 520b, 520c, 520d, 520e, or 520g of the Michigan penal code,

 

1931 PA 328, MCL 750.520b, 750.520c, 750.520d, 750.520e, and

 

750.520g, or an offense under a law of the United States, another

 

state, or a foreign country or tribal or military law that is

 

substantially similar to an offense listed in this subdivision.

 

     Sec. 2950n. (1) The department of technology, management, and

 

budget shall establish a website on the internet to be known as the

 

Michigan personal protection order internet registry.

 

     (2) The department of technology, management, and budget shall

 

maintain the website established under this section in accordance

 

with all of the following requirements:

 

     (a) A law enforcement agency that has the obligation under

 

section 2950 or 2950a to enter information into the website shall

 

be given the ability to access the website to enter the

 

information, or to transmit the information to the department of

 


technology, management, and budget or a person designated by the

 

department for entry of the information.

 

     (b) The department of technology, management, and budget shall

 

issue directions to each law enforcement agency in this state with

 

instructions on entering information into the website. The

 

directions shall include the information to be entered, which shall

 

include information determined to be necessary to identify the

 

individual restrained or enjoined under the personal protection

 

order.

 

     (c) Information on the website shall be accessible for viewing

 

by the public.

 

     (d) Information entered into the website regarding a personal

 

protection order shall be maintained on the website until the

 

personal protection order expires.