“A [PPO] is effective and immediately enforceable anywhere in this state after being signed by a judge.” MCL 600.2950(9); MCL 600.2950a(9). Typically, an ex parte PPO must not be issued without written or oral notice to the respondent. See MCL 600.2950(12); MCL 600.2950a(12).
To the extent possible, the PPO must appear on a single form. MCL 600.2950(11); MCL 600.2950a(11). For entering a PPO, see the following SCAO-approved PPO forms.
An order granting a PPO must contain all of the following provisions:
“(1) A statement that the [PPO] has been entered, listing the type or types of conduct enjoined.[1]
(2) A statement that the [PPO] is effective when signed by the judge and is immediately enforceable anywhere in Michigan, and that, after service, the [PPO] may be enforced by another state, an Indian tribe, or a territory of the United States.
(3) A statement that violation of the [PPO] will subject the individual restrained or enjoined to either of the following:
(a) If the respondent is 17 years of age or more, immediate arrest and, if the respondent is found guilty of criminal contempt, imprisonment for not more than 93 days and may be fined not more than $500; or
(b) If the respondent is less than 17 years of age, immediate apprehension and, if the respondent is found in contempt, the dispositional alternatives listed in MCL 712A.18.
(4) An expiration date stated clearly on the face of the order.
(5) A statement that the [PPO] is enforceable anywhere in Michigan by any law enforcement agency, and that if the respondent violates the [PPO] in another jurisdiction, the respondent is subject to the enforcement procedures and penalties of the jurisdiction in which the violation occurred.
(6) Identification of the law enforcement agency, designated by the court to enter the [PPO] into the law enforcement information network [(LEIN)].
(7) For ex parte orders, a statement that, within 14 days after being served with or receiving actual notice of the order, the individual restrained or enjoined may file a motion to modify or terminate the [PPO] and a request for a hearing, and that motion forms and filing instructions are available from the clerk of the court.” MCR 3.706(A). See also MCL 600.2950(11) and MCL 600.2950a(11), which contain substantially similar provisions.
B.Required Duties of the Clerk of the Court After Entry of a PPO
After a court issues a PPO, the clerk of the court that issued the PPO has the following responsibilities to facilitate entry of the PPO and other related documents into the Law Enforcement Information Network (LEIN) system:
•immediately on issuance of a PPO, and without requiring proof of service on the respondent, file a true copy of the PPO with the court-designated law enforcement agency that will enter the PPO into the LEIN network.2 MCL 600.2950(15)(a); MCL 600.2950a(15)(a).
•provide the petitioner with two or more true copies of the PPO and must inform the petitioner that he or she may take a copy to the court-designated law enforcement agency for entry into the LEIN network. MCL 600.2950(15)(b), MCL 600.2950(16); MCL 600.2950a(15)(b), MCL 600.2950a(16).
•notify the court-designated law enforcement agency after receiving proof of service on the respondent. MCL 600.2950(19)(a); MCL 600.2950a(19)(a).
•notify the court-designated law enforcement agency if the court rescinds, modifies, or extends the PPO.3 MCL 600.2950(19)(b); MCL 600.2950a(19)(b).
In addition to notifying the court-designated law enforcement agency for purposes of LEIN entry, the clerk of the court that issues a PPO is also required to make the following notices “immediately upon issuance and without requiring a proof of service on the individual restrained or enjoined[]” pursuant to MCL 600.2950(15)(c)-(f) and MCL 600.2950a(15)(c)-(f):
•“If the 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 [PPO].” MCL 600.2950(15)(c); see also MCL 600.2950a(15)(c), containing substantially similar language.
•“If the [PPO] prohibits the respondent from purchasing or possessing a firearm, notify the county clerk of the respondent’s county of residence about the existence and contents of the [PPO].”4 MCL 600.2950(15)(d); see also MCL 600.2950a(15)(d), containing substantially similar language.
•“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 [PPO].” MCL 600.2950(15)(e); see also MCL 600.2950a(15)(e), containing substantially similar language.
•“If the respondent is identified in the pleadings as being a person 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 of the existence of the [PPO].” MCL 600.2950(15)(f); see also MCL 600.2950a(15)(f), containing substantially similar language.
C.Service of the Petition and Order
MCR 3.706(D) requires “[t]he petitioner [to] serve the order on the respondent as provided in MCR 2.105(A)[, and] [i]f the respondent is a minor, and the whereabouts of the respondent’s parent or parents, guardian, or custodian is known, the petitioner shall also in the same manner serve the order on the respondent’s parent or parents, guardian, or custodian.”5 Upon entry of an ex parte order, MCR 3.705(A)(4), requires the petitioner to “serve the petition and order as provided in MCR 3.706(D).”6 Failure to serve either a regular PPO or an ex parte PPO “does not affect [the PPO’s] validity or effectiveness.” MCR 3.705(A)(4); MCR 3.706(D).
MCR 2.105(A) provides:
“Process may be served on a resident or nonresident individual by
(1) delivering a summons and a copy of the complaint to the defendant personally; or
(2) sending a summons and a copy of the complaint by registered or certified mail, return receipt requested, and delivery restricted to the addressee. Service is made when the defendant acknowledges receipt of the mail. A copy of the return receipt signed by the defendant must be attached to proof showing service under [MCR 2.105](A)(2).”7 See also MCL 600.2950(18) and MCL 600.2950a(18), which contain substantially similar requirements.
“A proof of service or proof of oral notice must be filed with the clerk of the court issuing the [PPO].” MCL 600.2950(18); MCL 600.2950a(18).
1.Alternative Service
“On an appropriate showing, the court may allow service in another manner as provided in MCR 2.105(J).” MCR 3.706(D). MCR 2.105(J) provides:
“(1) On a showing that service of process cannot reasonably be made as provided by [MCR 2.105], the court may by order permit service of process to be made in any other manner reasonably calculated to give the [respondent] actual notice of the proceedings and an opportunity to be heard.
(2) A request for an order under the rule must be made in a verified motion dated not more than 14 days before it is filed. The motion must set forth sufficient facts to show that process cannot be served under this rule and must state the [respondent’s] address or last known address, or that no address of the [respondent] is known. If the name or present address of the [respondent] is unknown, the moving party must set forth facts showing diligent inquiry to ascertain it. A hearing on the motion is not required unless the court so directs.
(3) Service of process may not be made under this subrule before entry of the court’s order permitting it.”
2.Law Enforcement Officer or Clerk Providing Service
a.Generally
A law enforcement officer or court clerk is authorized to serve a respondent with or notify a respondent of an issued PPO:
“If the individual restrained or enjoined has not been served, a law enforcement officer[8] or clerk of the court who knows that a [PPO] 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 [PPO], the specific conduct enjoined, the penalties for violating the order, and where the individual restrained or enjoined may obtain a copy of the order.” MCL 600.2950(18). See also MCL 600.2950a(18), which contains substantially similar language.
b.During Alleged Violation of PPO
A law enforcement officer responding to a call about an alleged PPO violation may serve a respondent with or notify a respondent of an issued PPO:
“If the individual restrained or enjoined has not been served, a law enforcement agency or officer responding to a call alleging a violation of a [PPO] 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 [PPO], the specific conduct enjoined, the penalties for violating the order, and where the individual restrained or enjoined may obtain a copy of the order.” MCL 600.2950(22).9 See also MCL 600.2950a(22),10 which contains substantially similar language.
When responding to an alleged PPO violation, MCL 600.2950(22) and MCL 600.2950a(22) require the “law enforcement officer [to] enforce the [PPO] and immediately enter or cause to be entered into the [Law Enforcement Information Network (LEIN)] that the individual restrained or enjoined has actual notice of the [PPO]. The law enforcement officer also shall file a proof of service or proof of oral notice with the clerk of the court issuing the [PPO].” See MCR 3.706(E), which also requires the law enforcement officer, who provides oral notice of the PPO, to file proof of the notification with the court.
If the respondent has not received notice of the PPO, he or she must “be given an opportunity to comply with the [PPO] before the law enforcement officer makes a custodial arrest for violation of the [PPO],” and if the respondent fails to immediately comply with the PPO, the law enforcement officer has grounds to make an immediate custodial arrest.11 MCL 600.2950(22); MCL 600.2950a(22). For additional information on warrantless arrests, see Section 5.12(A).
1 See Section 5.3(A) for conduct subject to restraint under domestic relationship PPOs, Section 5.3(B) for conduct subject to restraint under nondomestic stalking relationship PPOs, and Section 5.3(C) for conduct subject to restraint under nondomestic sexual assault PPOs.
2 MCL 600.2950(10) and MCL 600.2950a(10) require “[t]he issuing court [to] designate a law enforcement agency that is responsible for entering a [PPO] into the [LEIN].”
3 For additional information on the modification or termination of a PPO, see Section 5.10, and for additional information on the extension of a PPO, see Section 5.11.
4 See Chapter 6 for a detailed discussion of firearm restrictions in domestic violence cases.
5 See MCL 600.2950(18) and MCL 600.2950a(18), which require the minor respondent’s parent, guardian, or custodian to 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.”
6 For additional information on ex parte proceedings, see Section 5.7(C).
7 Service may be made by any legally competent adult who is not a party to the action. MCR 2.103(A).
8 MCL 28.6(5) provides the Michigan State Police officers with the authority to serve a PPO.
9 MCL 600.2950(18)’s requirement that an issued PPO must be served on the person to be restrained or enjoined, does not “prohibit the immediate effectiveness of a [PPO] or its immediate enforcement under [MCL 600.2950](21) or [MCL 600.2950](22).” MCL 600.2950(18).
10 MCL 600.2950a(18)’s requirement that an issued PPO must be served on the person to be restrained or enjoined, does not “prohibit the immediate effectiveness of a [PPO] or immediate enforcement under [MCL 600.2950a](21) or [MCL 600.2950a](22).” MCL 600.2950a(18).
11 MCL 600.2950(22) and MCL 600.2950a(22) “do[] not preclude an arrest under . . . MCL 764.15 and [MCL] 764.15a, or a proceeding under . . . MCL 712A.14.”