Chapter 5: Personal Protection Orders, Peace Bonds, Foreign Protection Orders

5.1Jurisdiction and Applicable Authorities in Personal Protection Proceedings

A.Generally

A personal protection order (PPO) is an injunctive order the family division of the circuit court issues to restrain or enjoin “activity and individuals listed in [MCL 600.2950](1)” or “conduct prohibited under [MCL 600.2950a](1) or [MCL 600.2950a](3).” MCL 600.2950(30)(d); MCL 600.2950a(31)(d). For a detailed discussion on the types of PPOs and the conduct subject to restraint, see Section 5.3.

Except as otherwise provided in subchapter 3.700 of the Michigan Court Rules and in MCL 600.2950 and MCL 600.2950a, PPO actions relating to domestic violence or stalking are governed by the court rules. MCR 3.701(A).

In PPO actions against adults, procedural issues are governed by subchapter 3.700 of the Michigan Court Rules. MCR 3.701(A).

In PPO actions against minors, procedural issues are governed by subchapter 3.900 of the Michigan Court Rules, except as provided in MCR 3.981. MCR 3.701(A). MCR 3.981 provides:

“Procedure for the issuance, dismissal, modification, or recision of minor [PPOs] is governed by subchapter 3.700. Procedure in appeals related to minor [PPOs] is governed by MCR 3.709 and MCR 3.993.”1

If a respondent is under age 18, issuance of a PPO is subject to the provisions in the Juvenile Code, MCL 712A.1 et seq. MCL 600.2950(27); MCL 600.2950a(28).

MCL 712A.2(h) provides the family division of circuit court with “[j]urisdiction over a proceeding under . . . MCL 600.2950 [or] [MCL] 600.2950a, in which a minor less than 18 years of age is the respondent, or a proceeding to enforce a valid foreign protection order[2] issued against a respondent who is a minor less than 18 years of age.” If the court exercises its jurisdiction under MCL 712A.2(h), jurisdiction continues until the order expires, regardless of the respondent’s age, but any action regarding a minor PPO after the respondent’s 18th birthday is no longer subject to the Juvenile Code, MCL 712A.1 et seq. MCL 712A.2a(6). “Proceedings to enforce a . . . minor [PPO] still in effect when the respondent is 18 or older[] are governed by [MCR 3.708 (governing adult PPO proceedings)].” MCR 3.708(A)(2).

B.Enforcement

“Proceedings to enforce a [PPO] issued against an adult, or to enforce a minor [PPO] still in effect when the respondent is 18 or older, are governed by [MCR 3.708].” MCR 3.708(A)(2). Specifically, MCR 3.708(A)(1) provides that “[a] [PPO] is enforceable under MCL 600.2950(23), [MCL 600.2950](25), [MCL] 600.2950a(23), [MCL 600.2950a](25), [MCL] 764.15b, and [MCL] 600.1701 et seq. For the purpose of this rule, ‘[PPO]’ includes a foreign protection order enforceable in Michigan under MCL 600.2950l.” MCR 3.708(A)(1).

Where the respondent is under 18 years of age, proceedings to enforce a minor PPO are governed by subchapter 3.900 of the Michigan Court Rules. MCR 3.701(A); MCR 3.708(A)(2); MCR 3.982(B). Specifically, MCR 3.982(A) provides that “[a] minor [PPO] is enforceable under MCL 600.2950(22), [MCL 600.2950](25), [MCL] 600.2950a(22), [MCL 600.2950a](25), [MCL] 764.15b, and [MCL] 600.1701 et seq. For the purpose of MCR 3.981–[MCR] 3.989, ‘minor [PPO]’ includes a foreign protection order against a minor respondent enforceable in Michigan under MCL 600.2950l.”

For information on foreign protection orders, see Section 5.16.

C.Tribal Jurisdiction in Cases Involving Domestic Violence

The Violence Against Women Act, 34 USC 12291 et seq., was reauthorized in 2022.3 The 2022 reauthorization “recognize[s] ‘special Tribal criminal jurisdiction’ (STCJ) over an expanded list of ‘covered crimes’ that includes, in addition to the VAWA 2013[4] crimes, assault of Tribal justice personnel, child violence, obstruction of justice, sexual violence, sex trafficking, and stalking.” 2013 and 2022 Reauthorizations of the Violence Against Women Act (2013 and 2022 VAWA Reauthorizations).

Pursuant to the 2022 VAWA, STCJ enables Tribes “to exercise their sovereign power to investigate, prosecute, convict, and sentence both Indian and non-Indians who commit covered crimes in Indian country against Indian victims.” 2013 and 2022 VAWA Reauthorizations. Victims of the obstruction of justice or the assault of Tribal justice personnel need not be Indian. Id. In addition, a Tribe has STCJ without regard to whether a non-Indian defendant “has ties to the participating Tribe.” Id.

As stated in the 2022 VAWA reauthorization, a Tribe’s criminal jurisdiction over non-Indians extends only to: the assault of Tribal justice personnel, child violence, dating violence, domestic violence, obstruction of justice, sexual violence, sex trafficking, stalking, and criminal violations of protection orders. 2013 and 2022 VAWA Reauthorizations.

1    For information on minors as parties to a PPO proceeding, see Section 5.4.

2    For information on foreign protection orders, see Section 5.16

3   Effective October 1, 2022.

4    The 2013 VAWA reauthorization “recognized the inherent authority of ‘participating Tribes’ to exercise ‘special domestic violence criminal jurisdiction’ (SDVCJ) over certain defendants, regardless of their Indian or non-Indian status, who commit acts of domestic violence or dating violence or violate certain protection orders in Indian country.” 2013 and 2022 Reauthorizations of the Violence Against Women Act.