3.3Police Report in Cases Involving Domestic Violence

MCL 764.15c(4) requires a police officer who investigates or intervenes in a domestic violence incident to prepare a standard domestic violence incident report form describing the incident.1 

The police officer must also provide the victim with written notice following the intervention or investigation of a domestic violence incident. MCL 764.15c(1). Among other things, the notice must inform the victim of his or her legal right to “go to court and file a petition requesting a personal protection order [(PPO]) to protect you or other members of your household from domestic abuse which could include restraining or enjoining the abuser from doing the following:

(a) Entering onto premises.

(b) Assaulting, attacking, beating, molesting, or wounding you.

(c) Threatening to kill or physically injure you or another person.

(d) Removing minor children from [the victim], except as otherwise authorized by a custody or parenting time order issued by a court of competent jurisdiction.

(e) Engaging in stalking behavior.

(f) Purchasing or possessing a firearm.

(g) Interfering with [the victim’s] efforts to remove [the victim’s] children or personal property from premises that are solely owned or leased by the abuser.

(h) Interfering with [the victim] at [his or her] place of employment or education or engaging in conduct that impairs [his or her] employment relationship or [his or her] employment or educational environment.

(i) Engaging in any other specific act or conduct that imposes upon or interferes with [the victim’s] personal liberty or that causes a reasonable apprehension of violence.

(j) Having access to information in records concerning any minor child [the victim has] with the abuser that would inform the abuser about [the victim’s] address or telephone number, the child’s address or telephone number, or [the victim’s] employment address.

(k) Injuring, killing, torturing, neglecting, removing, or retaining an animal in which [the victim has] an ownership interest to cause [the victim] mental distress or to exert control over [the victim].

(l) Threatening to injure, kill, torture, or neglect an animal in which [the victim has] an ownership interest to cause [the victim] mental distress or to exert control over [the victim].

[The victim’s] legal rights also include the right to go to court and file a motion for an order to show cause and a hearing if the abuser is violating or has violated a personal protection order and has not been arrested.” MCL 764.15c(2).

1    See MCL 764.15c(4) for a list of information that must be included in the domestic violence report. MCL 764.15c(5) also requires “[t]he law enforcement agency [to] retain the completed domestic violence report in its files[, and] . . . file a copy of the completed domestic violence report with the prosecuting attorney within 48 hours after the domestic violence incident is reported to the law enforcement agency.”