HOUSE BILL NO. 5712
May 07, 2024, Introduced by Reps. Rigas, Friske, Bezotte, DeBoyer and Beeler and referred to
the Committee on Government Operations.
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
by amending section 2950 (MCL 600.2950), as amended by 2018 PA 146.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 2950. (1) Except as otherwise provided in subsections
2 (26) and (27), by commencing an independent action to obtain relief
3 under this section, by joining a claim to an action, or by filing a
4 motion in an action in which the petitioner and the individual to
5 be restrained or enjoined are parties, an individual may petition
6 the family division of circuit court to enter a personal protection
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1 order to restrain or enjoin a spouse, a former spouse, an
2 individual with whom he or she the petitioner has had a child in
3 common, an individual with whom he or she the petitioner has or has
4 had a dating relationship, or an individual residing or having
5 resided in the same household as the petitioner from doing 1 or
6 more of the following:
7 (a) Entering onto premises.
8 (b) Assaulting, attacking, beating, molesting, or wounding a
9 named individual.
10 (c) Threatening to kill or physically injure a named
11 individual.
12 (d) Removing minor children from the individual having legal
13 custody of the children, except as otherwise authorized by a
14 custody or parenting time order issued by a court of competent
15 jurisdiction.
16 (e) Purchasing or possessing a firearm.
17 (f) Interfering with petitioner's efforts to remove
18 petitioner's children or personal property from premises that are
19 solely owned or leased by the individual to be restrained or
20 enjoined.
21 (g) Interfering with petitioner at petitioner's place of
22 employment or education or engaging in conduct that impairs
23 petitioner's employment or educational relationship or environment.
24 (h) If the petitioner is a minor who has been the victim of
25 sexual assault, as that term is defined in section 2950a, by the
26 respondent and if the petitioner is enrolled in a public or
27 nonpublic school that operates any of grades K to 12, attending
28 school in the same building as the petitioner.
29 (i) Having access to information in records concerning a minor
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1 child of both petitioner and respondent that will inform respondent
2 about the address or telephone number of petitioner and
3 petitioner's minor child or about petitioner's employment address.
4 (j) Engaging in conduct that is prohibited under section 411h
5 or 411i of the Michigan penal code, 1931 PA 328, MCL 750.411h and
6 750.411i.
7 (k) Any of the following with the intent to cause the
8 petitioner mental distress or to exert control over the petitioner
9 with respect to an animal in which the petitioner has an ownership
10 interest:
11 (i) Injuring, killing, torturing, neglecting, or threatening to
12 injure, kill, torture, or neglect the animal. A restraining order
13 that enjoins conduct under this subparagraph does not prohibit the
14 lawful killing or other use of the animal as described in section
15 50(11) of the Michigan penal code, 1931 PA 328, MCL 750.50.
16 (ii) Removing the animal from the petitioner's possession.
17 (iii) Retaining or obtaining possession of the animal.
18 (l) Any other specific act or conduct that imposes upon or
19 interferes with personal liberty or that causes a reasonable
20 apprehension of violence.
21 (2) If the respondent is a person who is issued a license to
22 carry a concealed weapon and is required to carry a weapon as a
23 condition of his or her the respondent's employment, a police
24 officer licensed or certified by the Michigan commission on law
25 enforcement standards act, 1965 PA 203, MCL 28.601 to 28.615, a
26 sheriff, a deputy sheriff or a member of the Michigan department of
27 state police, a local corrections officer, department of
28 corrections employee, or a federal law enforcement officer who
29 carries a firearm during the normal course of his or her
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1 employment, the petitioner shall notify the court of the
2 respondent's occupation before issuance of the personal protection
3 order. This subsection does not apply to a petitioner who does not
4 know the respondent's occupation.
5 (3) A petitioner may omit his or her the petitioner's address
6 of residence from documents filed with the court under this
7 section. If a petitioner omits his or her the petitioner's address
8 of residence, the petitioner shall provide the court with a mailing
9 address.
10 (4) The court shall issue a personal protection order under
11 this section if the court determines that there is reasonable cause
12 to believe that the individual to be restrained or enjoined may
13 commit 1 or more of the acts listed in subsection (1). In
14 determining whether reasonable cause exists, the court shall
15 consider all of the following:
16 (a) Testimony, documents, or other evidence offered in support
17 of the request for a personal protection order.
18 (b) Whether the individual to be restrained or enjoined has
19 previously committed or threatened to commit 1 or more of the acts
20 listed in subsection (1).
21 (5) A court shall not issue a personal protection order that
22 restrains or enjoins conduct described in subsection (1)(a) if all
23 of the following apply:
24 (a) The individual to be restrained or enjoined is not the
25 spouse of the moving party.
26 (b) The individual to be restrained or enjoined or the parent,
27 guardian, or custodian of the minor to be restrained or enjoined
28 has a property interest in the premises.
29 (c) The moving party or the parent, guardian, or custodian of
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1 a minor petitioner has no property interest in the premises.
2 (6) A court shall not refuse to issue a personal protection
3 order solely because of the absence of any of the following:
4 (a) A police report.
5 (b) A medical report.
6 (c) A report or finding of an administrative agency.
7 (d) Physical signs of abuse or violence.
8 (7) If the court refuses to grant a personal protection order,
9 it shall state immediately in writing the specific reasons it
10 refused to issue a personal protection order. If a hearing is held,
11 the court shall also immediately state on the record the specific
12 reasons it refuses to issue a personal protection order.
13 (8) A court shall not issue a mutual personal protection
14 order. Correlative separate personal protection orders are
15 prohibited unless both parties have properly petitioned the court
16 under subsection (1).
17 (9) A personal protection order is effective and immediately
18 enforceable anywhere in this state after being signed by a judge.
19 Upon 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 issuing court shall designate a law enforcement
23 agency that is responsible for entering a personal protection order
24 into the law enforcement information network as provided by the
25 C.J.I.S. policy council act, 1974 PA 163, MCL 28.211 to 28.215.
26 (11) A personal protection order must include all of the
27 following, to the extent practicable in a single form:
28 (a) A statement that the personal protection order has been
29 entered to restrain or enjoin conduct listed in the order and that
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1 violation of the personal protection order will subject the
2 individual restrained or enjoined to 1 or more of the following:
3 (i) If the respondent is 17 18 years of age or older, immediate
4 arrest and the civil and criminal contempt powers of the court and,
5 if he or she is found guilty of criminal contempt, charging with a
6 felony, and if the respondent is found guilty the court shall
7 sentence the respondent to imprisonment for not less than 182 days
8 or more than 93 days life or any term of years and a fine of not
9 more than $500.00.
10 (ii) If the respondent is less than 17 18 years of age,
11 immediate apprehension or being taken into custody and the
12 dispositional alternatives listed in section 18 of chapter XIIA of
13 the probate code of 1939, 1939 PA 288, MCL 712A.18.
14 (iii) If the respondent violates the personal protection order
15 in a jurisdiction other than this state, the enforcement procedures
16 and penalties of the state, Indian tribe, or United States
17 territory under whose jurisdiction the violation occurred.
18 (b) A statement that the personal protection order is
19 effective and immediately enforceable anywhere in this state after
20 being signed by a judge and that, upon service, a personal
21 protection order also may be enforced by another state, an Indian
22 tribe, or a territory of the United States.
23 (c) A statement listing the type or types of conduct enjoined.
24 (d) An expiration date stated clearly on the face of the
25 order.
26 (e) A statement that the personal protection order is
27 enforceable anywhere in this state by any law enforcement agency.
28 (f) The name of the law enforcement agency designated by the
29 court to enter the personal protection order into the law
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1 enforcement information network.
2 (g) For ex parte orders, a statement that the individual
3 restrained or enjoined may file a motion to modify or rescind the
4 personal protection order and request a hearing within 14 days
5 after the individual restrained or enjoined has been served or has
6 received actual notice of the order and that motion forms and
7 filing instructions are available from the clerk of the court.
8 (12) A court shall issue an ex parte personal protection order
9 without written or oral notice to the individual restrained or
10 enjoined or his or her the individual's attorney if it clearly
11 appears from specific facts shown by a verified complaint, written
12 motion, or affidavit that immediate and irreparable injury, loss,
13 or damage will result from the delay required to effectuate notice
14 or that the notice will itself precipitate adverse action before a
15 personal protection order can be issued.
16 (13) A personal protection order issued under subsection (12)
17 is valid for not less than 182 days. The individual restrained or
18 enjoined may file a motion to modify or rescind the personal
19 protection order and request a hearing under the Michigan court
20 rules. A motion to modify or rescind the personal protection order
21 must be filed within 14 days after the order is served or after the
22 individual restrained or enjoined has received actual notice of the
23 personal protection order unless good cause is shown for filing the
24 motion after the 14 days have elapsed.
25 (14) Except as otherwise provided in this subsection, the
26 court shall schedule a hearing on a motion to modify or rescind the
27 ex parte personal protection order within 14 days after the motion
28 is filed. If the respondent is a person described in subsection (2)
29 and the personal protection order prohibits him or her the person
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1 from purchasing or possessing a firearm, the court shall schedule a
2 hearing on the motion to modify or rescind the ex parte personal
3 protection order within 5 days after the motion is filed.
4 (15) The clerk of the court that issues a personal protection
5 order shall do all of the following immediately upon issuance and
6 without requiring a proof of service on the individual restrained
7 or enjoined:
8 (a) File a true copy of the personal protection order with the
9 law enforcement agency designated by the court in the personal
10 protection order.
11 (b) Provide the petitioner with 2 or more true copies of the
12 personal protection order.
13 (c) If the respondent is identified in the pleadings as a law
14 enforcement officer, notify the officer's employing law enforcement
15 agency, if known, about the existence of the personal protection
16 order.
17 (d) If the personal protection order prohibits the respondent
18 from purchasing or possessing a firearm, notify the county clerk of
19 the respondent's county of residence about the existence and
20 contents of the personal protection order.
21 (e) If the respondent is identified in the pleadings as a
22 department of corrections employee, notify the state department of
23 corrections about the existence of the personal protection order.
24 (f) If the respondent is identified in the pleadings as being
25 a person who may have access to information concerning the
26 petitioner or a child of the petitioner or respondent and that
27 information is contained in friend of the court records, notify the
28 friend of the court for the county in which the information is
29 located about the existence of the personal protection order.
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1 (16) The clerk of the court shall inform the petitioner that
2 he or she the petitioner may take a true copy of the personal
3 protection order to the law enforcement agency designated by the
4 court under subsection (10) to be immediately entered into the law
5 enforcement information network.
6 (17) The law enforcement agency that receives a true copy of a
7 personal protection order under subsection (15) or (16) shall
8 immediately and without requiring proof of service enter the
9 personal protection order into the law enforcement information
10 network as provided by the C.J.I.S. policy council act, 1974 PA
11 163, MCL 28.211 to 28.215.
12 (18) A personal protection order issued under this section
13 must 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 or
16 enjoined or by any other manner allowed by 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 the
20 individual restrained or enjoined with a true copy of the order or
21 advise the individual restrained or enjoined of the existence of
22 the personal protection order, the specific conduct enjoined, the
23 penalties for violating the order, and where the individual
24 restrained or enjoined may obtain a copy of the order. If the
25 respondent is less than 18 years of age, the parent, guardian, or
26 custodian of the individual must also be served personally or by
27 registered or certified mail, return receipt requested, delivery
28 restricted to the addressee at the last known address or addresses
29 of the parent, guardian, or custodian. A proof of service or proof
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1 of oral notice must be filed with the clerk of the court issuing
2 the personal protection order. This subsection does not prohibit
3 the immediate effectiveness of a personal protection order or its
4 immediate enforcement under subsections (21) and (22).
5 (19) The clerk of the court that issued the personal
6 protection order shall immediately notify the law enforcement
7 agency that received the personal protection order under subsection
8 (15) or (16) if either of the following occurs:
9 (a) The clerk of the court receives proof that the individual
10 restrained or enjoined has been served.
11 (b) The personal protection order is rescinded, modified, or
12 extended by court order.
13 (20) The law enforcement agency that receives information
14 under subsection (19) shall enter the information or cause the
15 information to be entered into the law enforcement information
16 network as provided by the C.J.I.S. policy council act, 1974 PA
17 163, MCL 28.211 to 28.215.
18 (21) Subject to subsection (22), a personal protection order
19 is immediately enforceable anywhere in this state by any law
20 enforcement agency that has received a true copy of the order, is
21 shown a copy of it, or has verified its existence on the law
22 enforcement information network as provided by the C.J.I.S. policy
23 council act, 1974 PA 163, MCL 28.211 to 28.215.
24 (22) If the individual restrained or enjoined has not been
25 served, a law enforcement agency or officer responding to a call
26 alleging a violation of a personal protec