“Except as specified in MCR 3.705(A)(5) and [MCR 3.705](B), an action for a [PPO] may only be dismissed upon motion by the petitioner prior to the issuance of an order. There is no fee for such a motion.”1 MCR 3.704.
Under MCR 3.705(A)(5) a court may dismiss a petition for an ex parte PPO where “the court determines after interviewing the petitioner that the petitioner’s claims are sufficiently without merit [and] that the action should be dismissed without a hearing.” If a court determines that dismissal is appropriate, it is not required to give the petitioner notice of his or her right to request a hearing under MCR 3.705(B). See MCR 3.705(A)(5).
Under MCR 3.705(B)(1), a court may dismiss a petition for a PPO where the court “determines after interviewing the petitioner that the claims are sufficiently without merit [and] that the action should be dismissed without a hearing[.]”
Under MCR 3.705(B)(4), a court may dismiss a petition for a PPO where the petitioner fails to attend the hearing scheduled on the petition.
1 Note that failure to serve the PPO does not affect its validity or effectiveness. MCR 3.705(A)(4); MCR 3.706(D).