Glossary
A
•For purposes of the Uniform Child Abduction Prevention Act (UCAPA), abduction is “the wrongful removal or wrongful retention of a child.” MCL 722.1522(a).
•For purposes of MCL 771.4b, absconding is “the intentional failure of a probationer to report to his or her supervising agent or to advise his or her supervising agent of his or her whereabouts for a continuous period of not less than 60 days.” MCL 771.4b(9)(a).
•For purposes of MCR 3.218, access is “inspection of records, obtaining copies of records upon receipt of payment for costs of reproduction, and oral transmission by staff of information contained in friend of the court records[.]” MCR 3.218(A)(2).
Address confidentiality program
•The address confidentiality program is a program in the department of the attorney general that maintains the confidentiality of a victim’s residential address when the victim is a certified participant in the program by designating for the victim’s use another address that is not the victim’s residential address. See generally MCL 780.855.
•“An individual who engages in stalking is guilty of aggravated stalking if the violation involves any of the following circumstances:
(a) At least 1 of the actions constituting the offense is in violation of a restraining order and the individual has received actual notice of that restraining order or at least 1 of the actions is in violation of an injunction or preliminary injunction.
(b) At least 1 of the actions constituting the offense is in violation of a condition of probation, a condition of parole, a condition of pretrial release, or a condition of release on bond pending appeal.
(c) The course of conduct includes the making of 1 or more credible threats against the victim, a member of the victim's family, or another individual living in the same household as the victim.
(d) The individual has been previously convicted of a violation of [MCL 750.411i] or [MCL 750.411h].” MCL 750.411i(2).
Alternative dispute resolution (ADR)
•For purposes of MCR 2.410, alternative dispute resolution is “any process designed to resolve a legal dispute in the place of court adjudication, and includes settlement conferences ordered under MCR 2.401; case evaluation under MCR 2.403; mediation under MCR 2.411; domestic relations mediation under MCR 3.216; child protection mediation under MCR 3.970; and other procedures by local court rule or ordered on stipulation of the parties.” MCR 2.410(A)(2).
•For purposes of MCL 750.224f, ammunition is “any projectile that, in its current state, may be expelled from a firearm by an explosive.” MCL 750.224f(10)(a).
•As used in MCL 764.9c to MCL 764.9g, appearance ticket is “a complaint or written notice issued and subscribed by a police officer or other public servant authorized by law or ordinance to issue it directing a designated person to appear in a designated local criminal court at a designated future time in connection with his or her alleged commission of a designated violation or violations of state law or local ordinance.” MCL 764.9f(1).
•For purposes of MCL 750.539l, assaultive crime is “that term as defined in . . . MCL 770.9a.” MCL 750.539l(5)(a).
•For purposes of MCL 764.9c, assaultive crime is “that term as defined in [MCL 770.9a].” MCL 764.9c(9)(a).
•For purposes of MCL 765.6b(6), assaultive crime is “that term as defined in [MCL 770.9a].” MCL 765.6b(6)(a).
•For purposes of MCL 769.4a, assaultive crime is “1 or more of the following: (i) That term as defined in [MCL 770.9a][;] (ii) A violation of . . . MCL 750.81 to [MCL 750.90g;] (iii) A violation of a law of another state or of a local ordinance of a political subdivision of this state or of another state substantially corresponding to a violation described in subparagraph (i) or (ii).” MCL 769.4a(8)(a).
•For purposes of MCR 6.103, assaultive crime is defined in MCL 764.3(5)(a) and includes the following:
“(i) A violation described in [MCL 770.9a].
(ii) A violation of [MCL 750.81 to MCL 750.90g], not otherwise included in subparagraph (i).
(iii) A violation of [MCL 750.110a, MCL 750.136b, MCL 750.234a, MCL 750.234b, MCL 750.234c, MCL 750.349b, and MCL 750.411h], or any other violent felony.
(iv) A violation of a law of another state or of a political subdivision of this state or of another state that substantially corresponds to a violation described in subparagraph (i), (ii), or (iii).”
•For purposes of MCR 6.102(D), assaultive crime is defined in MCL 764.1a; MCL 764.1a defines assaultive crime as the term is defined in MCL 764.3(5)(a), above.
•For purposes of MCR 6.105(B), assaultive crime is defined in MCL 762.10d; MCL 762.10d(5)(a) defines assaultive crime as the term is defined in MCL 764.3(5)(a), above.
B
•For purposes of MCL 28.243, biometric data is “all of the following: (i) [f]ingerprint images recorded in a manner prescribed by the department [of state police][;] (ii) [p]alm print images, if the arresting law enforcement agency has the electronic capability to record palm print images in a manner prescribed by the department [of state police][;] (iii) [d]igital images recorded during the arrest or booking process, including a full-face capture, left and right profile, and scars, marks, and tattoos, if the arresting law enforcement agency has the electronic capability to record the images in a manner prescribed by the department [of state police][; and] (iv) [a]ll descriptive data associated with identifying marks, scars, amputations, and tattoos.” MCL 28.241a(b); MCL 28.241a(e).
C
•For purposes of MCR 1.111, case or court proceeding is “any hearing, trial, or other appearance before any court in this state in an action, appeal, or other proceeding, including any matter conducted by a judge, magistrate, referee, or other hearing officer.” MCR 1.111(A)(1).
•For purposes of the Uniform Interstate Family Support Act (UIFSA), MCL 552.2101 et seq., child is “an individual, whether over or under the age of majority, who is or is alleged to be owed a duty of support by the individual’s parent or who is or is alleged to be the beneficiary of a support order directed to the parent.” MCL 552.2102(a).
•For purposes of the Uniform Child Abduction Prevention Act (UCAPA), child is “an unemancipated individual who is less than 18 years of age.” MCL 722.1522(b).
•For purposes of MCL 750.136b, child is “a person who is less than 18 years of age and is not emancipated by operation of law as provided in . . . MCL 722.4.” MCL 750.136b(1)(a).
•For purposes of the Uniform Child-Custody Jurisdiction and Enforcement Act (UCCJEA), child-custody determination is “a judgment, decree, or other court order providing for legal custody, physical custody, or parenting time with respect to a child. Child-custody determination includes a permanent, temporary, initial, and modification order. Child-custody determination does not include an order relating to child support or other monetary obligation of an individual.” MCL 722.1102(c).
• For purposes of the Uniform Child Abduction Prevention Act (UCAPA), child-custody determination is “a judgment, decree, or other order of a court providing for the legal custody, physical custody, or visitation with respect to a child. Child custody determination includes a permanent, temporary, initial, or modification order.” MCL 722.1522(c).
•For purposes of the Uniform Child-Custody Jurisdiction and Enforcement Act (UCCJEA), child-custody proceeding is “a proceeding in which legal custody, physical custody, or parenting time with respect to a child is an issue. Child-custody proceeding includes a proceeding for divorce, separate maintenance, separation, neglect, abuse, dependency, guardianship, paternity, termination of parental rights, and protection from domestic violence, in which the issue may appear. Child-custody proceeding does not include a proceeding involving juvenile delinquency, contractual emancipation, or enforcement under [A]rticle 3 [(the enforcement article) of the UCCJEA, MCL 722.1301–MCL 722.1316].” MCL 722.1102(d).
•For purposes of the Uniform Child Abduction Prevention Act (UCAPA), child-custody proceeding is “a proceeding in which legal custody, physical custody, or visitation with respect to a child is at issue. Child-custody proceeding includes a proceeding for divorce, dissolution of marriage, separation, neglect, abuse, dependency, guardianship, paternity, termination of parental rights, or protection from domestic violence.” MCL 722.1522(d).
•For purposes of the Probation Swift and Sure Sanctions Act, MCL 771A.1 et seq., circuit court “includes a unified trial court having jurisdiction over probationers.” MCL 771A.2(a).
Civil immigration enforcement action
•For purposes of ICE Directive 11005.3, civil immigration enforcement action is “[a] civil immigration enforcement or removal determination, decision, or action that includes, but is not limited to, a decision whether or not to:
a) Issue a detainer or assume custody of a noncitizen subject to a previous detainer;
b) Issue, reissue, serve, file, or cancel a Notice to Appear;
c) Focus resources on administrative violations or conduct;
d) Stop, question, or arrest a noncitizen for an administrative violation of the civil
immigration laws;
e) Detain or release from custody subject to conditions;
f) Grant deferred action or parole; and
g) Execute a final order of removal (and under what circumstances).” ICE Directive 11005.3, ¶ 3.2.
•For purposes of MCR 3.716 to MCR 3.722 only, complaint “means the act of petitioning the court to issue an extreme risk protection order. Petitioning the court in this manner commences an independent action for an extreme risk protection order and is not considered a motion as defined in MCR 2.119.” MCR 3.715(1).1
•For purposes of MCL 750.411s, computer is “any connected, directly interoperable or interactive device, equipment, or facility that uses a computer program or other instructions to perform specific operations including logical, arithmetic, or memory functions with or on computer data or a computer program and that can store, retrieve, alter, or communicate the results of the operations to a person, computer program, computer, computer system, or computer network.” MCL 750.411s(8)(a).
•For purposes of MCL 750.411s, computer network is “the interconnection of hardwire or wireless communication lines with a computer through remote terminals, or a complex consisting of 2 or more interconnected computers.” MCL 750.411s(8)(b).
•For purposes of MCL 750.411s, computer program is “a series of internal or external instructions communicated in a form acceptable to a computer that directs the functioning of a computer, computer system, or computer network in a manner designed to provide or produce products or results from the computer, computer system, or computer network.” MCL 750.411s(8)(c).
•For purposes of MCL 750.411s, computer system is “a set of related, connected or unconnected, computer equipment, devices, software, or hardware.” MCL 750.411s(8)(d).
•For purposes of MCL 776.21b, confidential address “means that term as defined in [MCL 780.853].” MCL 776.21b(4)(a). MCL 780.853 defines confidential address as “the address of a program participant’s residence, as specified on an application to be a program participant or on a notice of change of information as provided under [MCL 780.855] that is classified confidential by the department of the attorney general.” MCL 780.853(b).
•For purposes of MCL 600.2157a, confidential communication is “information transmitted between a victim and a sexual assault or domestic violence counselor, or between a victim or sexual assault or domestic violence counselor and any other person to whom disclosure is reasonably necessary to further the interests of the victim, in connection with the rendering of advice, counseling, or other assistance by the sexual assault or domestic violence counselor to the victim.” MCL 600.2157a(1)(a).
•For purposes of subchapter 3.900 of the Michigan Court Rules, confidential file “means[:]
(a) records of a case brought before the court under . . . MCL 712A.1 et seq., including, but not limited to,
(i) the diversion record of a minor pursuant to . . . MCL 722.821 et seq.;
(ii) the separate statement about known victims of juvenile offenses, as required by . . . MCL 780.751 et seq.;
(iii) the testimony taken in a closed proceeding pursuant to MCR 3.925(A)(2) and MCL 712A.17(7);
(iv) the dispositional reports pursuant to MCR 3.943(C)(3) and [MCR] 3.973(E)(4);
(v) biometric data required to be maintained pursuant to MCL 28.243;
(vi) reports of sexually motivated crimes, MCL 28.247;
(vii) test results of those charged with certain sexual offenses or substance offense offenses, MCL 333.5129;
(b) the contents of a social file maintained by the court, including materials such as:
(i) youth and family record fact sheet;
(ii) social study;
(iii) reports (such as dispositional, investigative, laboratory, medical, observation, psychological, psychiatric, progress, treatment, school, and police reports);
(iv) [DHHS] records;
(v) correspondence
(vi) victim statements;
(vii) information regarding the identity or location of a foster parent, preadoptive parent, or relative caregiver.” MCR 3.903(A)(3).
•For purposes of MCR 3.218, confidential information is: “(a) staff notes; (b) any confidential information from the [DHHS] child protective services unit or information included in any reports to protective services from a friend of the court office; (c) records from alternative dispute resolution processes, including the confidentiality of mediation records as defined in MCR 2.412; (d) communications from minors; (e) friend of the court grievances filed by the opposing party and the responses; (f) any information when a court order prohibits its release; (g) except as provided in MCR 3.219,[2] any information for which a privilege could be claimed, or that was provided by a governmental agency subject to the express written condition that it remain confidential; and (h) all information classified as confidential by the laws and regulations of title IV, part D of the Social Security Act, 42 USC 651 et seq.” MCR 3.218(A)(3).
•For purposes of the Uniform Interstate Family Support Act (UIFSA), MCL 552.2101 et seq., Convention is “the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance, concluded at The Hague on November 23, 2007.” MCL 552.2102(c).
•For purposes of MCL 28.425b, convicted is “a final conviction, the payment of a fine, a plea of guilty or nolo contendere if accepted by the court, or a finding of guilt for a criminal law violation or a juvenile adjudication or disposition by the juvenile division of probate court or family division of circuit court for a violation that if committed by an adult would be a crime.” MCL 28.425b(22)(b).
•For purposes of MCL 600.2950a, convicted is “1 of the following:
(i) The subject of a judgment of conviction or a probation order entered in a court that has jurisdiction over criminal offenses, including a tribal court or a military court.
(ii) Assigned to youthful trainee status under . . . MCL 762.11 to [MCL] 762.15, if the individual’s status of youthful trainee is revoked and an adjudication of guilt is entered.
(iii) The subject of an order of disposition entered under . . . MCL 712A.18, that is open to the general public under . . . MCL 712A.28.
(iv) The subject of an order of disposition or other adjudication in a juvenile matter in another state or country.” MCL 600.2950a(31)(a).
•For purposes of
•For purposes of MCL 750.411h, course of conduct is “a pattern of conduct composed of a series of 2 or more separate noncontinuous acts evidencing a continuity of purpose.”3 MCL 750.411h(1)(a).
•For purposes of MCL 750.411i, course of conduct is “a pattern of conduct composed of a series of 2 or more separate noncontinuous acts evidencing a continuity of purpose.” MCL 750.411i(1)(a).
•For purposes of the Uniform Child Abduction Prevention Act (UCAPA), court is “an entity authorized under the law of a state to establish, enforce, or modify a child-custody determination.” MCL 722.1522(e).
•For purposes of MCR 8.119(I), court records are “all documents and records of any nature that are filed with or maintained by the clerk in connection with the action.” MCR 8.119(I)(5).
•For purposes of MCL 750.411i, credible threat is “a threat to kill another individual or a threat to inflict physical injury upon another individual that is made in any manner or in any context that causes the individual hearing or receiving the threat to reasonably fear for his or her safety or the safety of another individual.” MCL 750.411i(1)(b).
•For purposes of MCL 750.411s, credible threat is “a threat to kill another individual or a threat to inflict physical injury upon another individual that is made in any manner or in any context that causes the individual hearing or receiving the threat to reasonably fear for his or her safety or the safety of another individual.” MCL 750.411s(8)(e).
•For purposes of the Violence Against Women Act (VAWA), 18 USC 2261 et seq., crime of violence is:
“(a) an offense that has as an element the use, attempted use, or threatened use of physical force against the person or property of another, or
(b) any other offense that is a felony and that, by its nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense.” 18 USC 16.
Crime punishable by imprisonment for a term exceeding one year
•For purposes of 18 USC 922, crime punishable by imprisonment for a term exceeding one year does not include
“(A) any Federal or State offenses pertaining to antitrust violations, unfair trade practices, restraints of trade, or other similar offenses relating to the regulation of business practices, or
(B) any State offense classified by the laws of the State as a misdemeanor and punishable by a term of imprisonment of two years or less.” 18 USC 921(a)(20).
Criminal history record information
•For purposes of MCL 28.241a et seq., criminal history record information is “name; date of birth; personal descriptions including identifying marks, scars, amputations, and tattoos; aliases and prior names; social security number, driver’s license number, and other identifying numbers; and information on misdemeanor arrests and convictions and felony arrests and convictions.” MCL 28.241a(d).
•For purposes of MCL 750.136b, cruel is “brutal, inhuman, sadistic, or that which torments.” MCL 750.136b(1)(b).
•For purposes of the Parental Kidnapping Prevention Act (PKPA), custody determination is “a judgment, decree, or other order of a court providing for the custody of a child, and includes permanent and temporary orders, and initial orders and modifications[.]” 28 USC 1738A(b)(3).
•For purposes of MCL 750.411x, cyberbully is “posting a message or statement in a public media forum about any other person if both of the following apply:
(i) The message or statement is intended to place a person in fear of bodily harm or death and expresses an intent to commit violence against the person.
(ii) The message or statement is posted with the intent to communicate a threat or with knowledge that it will be viewed as a threat.” MCL 750.411x(6)(a).
D
•For purposes of 18 USC 2261, dating partner is “a person who is or has been in a social relationship of a romantic or intimate nature with the abuser. The existence of such a relationship is based on a consideration of[:] (A) the length of the relationship; and (B) the type of relationship; and (C) the frequency of interaction between the persons involved in the relationship.” 18 USC 2266(10).
•For purposes of MCL 750.411h, dating relationship “means frequent, intimate associations primarily characterized by the expectation of affectional involvement. This term does not include a casual relationship or an ordinary fraternization between 2 individuals in a business or social context.” MCL 750.411h(1)(b).
•For purposes of the Domestic Violence Prevention and Treatment Act, dating relationship means “frequent, intimate associations primarily characterized by the expectation of affectional involvement. Dating relationship does not include a casual relationship or an ordinary fraternization between 2 individuals in a business or social context.” MCL 400.1501(b).
•For purposes of MCL 600.2950, dating relationship is “frequent, intimate associations primarily characterized by the expectation of affectional involvement. Dating relationship does not include a casual relationship or an ordinary fraternization between 2 individuals in a business or social context.” MCL 600.2950(30)(a).
•For purposes of MCL 750.81, dating relationship is “frequent, intimate associations primarily characterized by the expectation of affectional involvement. This term does not include a casual relationship or an ordinary fraternization between 2 individuals in a business or social context.” MCL MCL 750.81(7).
•For purposes of MCL 750.81a, dating relationship is “frequent, intimate associations primarily characterized by the expectation of affectional involvement. This term does not include a casual relationship or an ordinary fraternization between 2 individuals in a business or social context.” MCL 750.81a(4).
•For purposes of MCL 769.4a, dating relationship is “frequent, intimate associations primarily characterized by the expectation of affectional involvement. This term does not include a casual relationship or an ordinary fraternization between 2 individuals in a business or social context.” MCL 769.4a(8)(b).
•For purposes of MCL 764.15a, dating relationship is “frequent, intimate associations primarily characterized by the expectation of affectional involvement. This term does not include a casual relationship or an ordinary fraternization between 2 individuals in a business or social context.” MCL 764.15a(b).
•For purposes of MCL 691.1801 et seq., dating relationship “means a relationship that consists of frequent, intimate associations primarily characterized by the expectation of affectional involvement. Dating relationship does not include a casual relationship or an ordinary fraternization between 2 individuals in a business or social context.” MCL 691.1803(b) (emphasis added). See also MCR 3.715(2).
•For purposes of MCL 768.27c, declarant is “a person who makes a statement.” MCL 768.27c(5)(a).
•For purposes of the Child Custody Act, MCL 722.21 et seq., deployment is “the movement or mobilization of a servicemember to a location for a period of longer than 60 days and not longer than 540 days under temporary or permanent official orders as follows:
(i) That are designated as unaccompanied.
(ii) For which dependent travel is not authorized.
(iii) That otherwise do not permit the movement of family members to that location.
(iv) The servicemember is restricted from travel.” MCL 722.22(e).
•For purposes of MCL 750.411s, the term device “includes, but is not limited to, an electronic, magnetic, electrochemical, biochemical, hydraulic, optical, or organic object that performs input, output, or storage functions by the manipulation of electronic, magnetic, or other impulses.” MCL 750.411s(8)(f).
•For purposes of MCL 767.24(3) and MCL 767.24(4), DNA is “human deoxyribonucleic acid.” MCL 767.24(5)(a).
Domestic or sexual violence service provider agency
•For purposes of MCL 776.21b, domestic or sexual violence service provider agency “means an agency that receives funding from the [Department of Health and Human Services] division of victim services to provide confidential supportive services to victims of domestic or sexual violence, receives a federal grant through the United States Department of Justice to provide confidential supportive services to victims of domestic or sexual violence, or is associated with an Indian tribe and is providing confidential supportive services to victims of domestic or sexual violence.” MCL 776.21b(4)(b).
•For purposes of MCL 600.1035, domestic relations action is “any of the following:
(a) An action for divorce, separate maintenance, annulment of marriage, affirmation of marriage, paternity, family support under the family support act [(FSA)], . . . MCL 552.451 to [MCL] 552.459, the custody of minors under the child custody act of 1970 [(CCA)], . . . MCL 722.21 to [MCL] 722.31, or grandparenting time under [MCL 722.27b] of the [CCA] . . . .
(b) A proceeding that is ancillary or subsequent to an action listed in subdivision (A) and that relates to any of the following:
(i) The custody of a minor.
(ii) Parenting time with a minor.
(iii) The support of a minor, spouse, or former spouse.” MCL 600.1035(4).
•As used in the Friend of the Court Act, MCL 552.501 et seq., domestic relations matter is “a circuit court proceeding as to child custody, parenting time, child support, or spousal support, that arises out of litigation under a statute of this state, including, but not limited to, the following: (i) 1846 RS 84, MCL 552.1 to [MCL] 552.45[;] (ii) [t]he family support act, . . . MCL 552.451 to [MCL] 552.459[;] (iii) [t]he child custody act of 1970, . . . MCL 722.21 to [MCL] 722.31[;] (iv) [the emancipation of minors act], MCL 722.1 to [MCL] 722.6[;] (v) [t]he paternity act, . . ., MCL 722.711 to [MCL] 722.730[;] (vi) [t]he revised uniform reciprocal enforcement of support act, . . . MCL 780.151 to [MCL] 780.183[; and] (vii) [t]he uniform interstate family support act, . . . MCL 552.2101 to [MCL] 552.2905.” MCL 552.502(m).
•For purposes of the Batterer Intervention Standards for the State of Michigan,4 domestic violence is defined as follows:
“Domestic Violence is a pattern of controlling behaviors, some of which are criminal, that includes but is not limited to physical assaults, sexual assaults, emotional abuse, isolation, economic coercion, threats, stalking and intimidation. These behaviors are used by the batterer in an effort to control the intimate partner. The behavior may be directed at others with the effect of controlling the intimate partner.” Batterer Intervention Standards for the State of Michigan, Section 4.1.
•For purposes of the Domestic Violence Prevention and Treatment Act, domestic violence is defined as follows:
“‘Domestic violence’ means the occurrence of any of the following acts by an individual that is not an act of self-defense:
(i) Causing or attempting to cause physical or mental harm to a family or household member.
(ii) Placing a family or household member in fear of physical or mental harm.
(iii) causing or attempting to cause a family or household member to engage in involuntary sexual activity by force, threat of force, or duress.
(iv) Engaging in activity toward a family or household member that would cause a reasonable individual to feel terrorized, frightened, intimidated, threatened, harassed, or molested.” MCL 400.1501(d).5
•For purposes of the Uniform Child Abduction Prevention Act (UCAPA), domestic violence “is that term as defined in . . . MCL 400.1501.” MCL 722.1522(f).
•For purposes of the Setting Aside Convictions Act (SACA), MCL 780.621 et seq., domestic violence is “that term as defined in . . . MCL 400.1501.” MCL 780.621(4)(b).
•For purposes of MCL 765.6b(6), domestic violence is “that term as defined in . . . MCL 400.1501.” MCL 765.6b(6)(b).
•For purposes of MCR 6.102(D), domestic violence means the term as it is defined in MCL 764.1a; MCL 764.1a(9)(c) defines domestic violence as it is defined in MCL 400.1501. MCR 6.102(D)(1).
•For purposes of MCR 6.103, domestic violence is defined as it is defined in MCL 764.3; MCL 764.3(5)(b) defines domestic violence as it is defined in MCL 400.1501. MCR 6.103(A)(1).
•For purposes of MCR 6.105, domestic violence is defined as it is defined in MCL 762.10d; MCL 762.10d(5)(b) defines domestic violence as it is defined in MCL 400.1501. MCR 6.105(B).
•For purposes of the Code of Criminal Procedure, MCL 768.27b (admitting other acts of domestic violence into evidence in a criminal proceeding involving domestic violence), that term “means an occurrence of 1 or more of the following acts by a person that is not an act of self-defense:
(i) Causing or attempting to cause physical or mental harm to a family or household member.
(ii) Placing a family or household member in fear of physical or mental harm.
(iii) Causing or attempting to cause a family or household member to engage in involuntary sexual activity by force, threat of force, or duress.
(iv) Engaging in activity toward a family or household member that would cause a reasonable person to feel terrorized, frightened, intimidated, threatened, harassed, or molested.”MCL 768.27b(6)(a).
•For purposes of MCL 768.27c (admitting evidence of infliction or threat of physical injury in domestic violence cases), the term domestic violence means “an occurrence of 1 or more of the following acts by a person that is not an act of self-defense:
(i) Causing or attempting to cause physical or mental harm to a family or household member.
(ii) Placing a family or household member in fear of physical or mental harm.
(iii) Causing or attempting to cause a family or household member to engage in involuntary sexual activity by force, threat of force, or duress.
(iv) Engaging in activity toward a family or household member that would cause a reasonable person to feel terrorized, frightened, intimidated, threatened, harassed, or molested.” MCL 768.27c(5)(b).
•For purposes of the Code of Criminal Procedure, MCL 764.15c, domestic violence incident “means an incident reported to a law enforcement agency involving allegations of 1 or both of the following:
(i) A violation of a personal protection order issued under . . . MCL 600.2950, or a violation of a valid foreign protection order.
(ii) A crime committed by an individual against his or her spouse or former spouse, an individual with whom he or she has had a child in common, an individual with whom he or she has or has had a dating relationship,[6] or an individual who resides or has resided in the same household.” MCL 764.15c(7)(c).
•For purposes of the Veterans Treatment Court Program, domestic violence offense is “any crime alleged to have been committed by an individual against his or her spouse or former spouse, an individual with whom he or she has a child in common, an individual with whom he or she has had a dating relationship, or an individual who resides or has resided in the same household.” MCL 600.1200(b).
• For purposes of the Mental Health Court Program, domestic violence offense is “any crime alleged to have been committed by an individual against his or her spouse or former spouse, an individual with whom he or she has a child in common, an individual with whom he or she has had a dating relationship, or an individual who resides or has resided in the same household.” MCL 600.1090(d).
E
•For purposes of the Firearms Act and except as otherwise provided in this act, emergency license is “a license to carry a concealed pistol.” See MCL 28.425a(4).
•For purposes of MCL 765.6b(6), electronic monitoring device is “any electronic device or instrument that is used to track the location of an individual or to monitor an individual’s blood alcohol content, but does not include any technology that is implanted or violates the corporeal body of the individual.” MCL 765.6b(6)(c).
•For purposes of MCL 750.411h, emotional distress is “significant mental suffering or distress that may, but does not necessarily, require medical or other professional treatment or counseling.” MCL 750.411h(1)(c).
•For purposes of MCL 750.411i, emotional distress is “significant mental suffering or distress that may, but does not necessarily, require medical or other professional treatment or counseling.” MCL 750.411i(1)(c).
•For purposes of MCL 750.411s, emotional distress is “significant mental suffering or distress that may, but does not necessarily, require medical or other professional treatment or counseling.” MCL 750.411s(8)(g).
•For purposes of the Uniform Child Abduction Prevention Act (UCAPA), enhanced driver license is “th[at] term[] as defined in . . . MCL 28.302.” MCL 722.1522(g).
Enhanced official state personal identification card
•For purposes of the Uniform Child Abduction Prevention Act (UCAPA), enhanced official state personal identification card is “th[at] term[] as defined in . . . MCL 28.302.” MCL 722.1522(g).
•For purposes of the Violence Against Women Act, 18 USC 2261 et seq., enter or leave Indian country “includes leaving the jurisdiction of 1 tribal government and entering the jurisdiction of another tribal government.” 18 USC 2266(3).
•For purposes of subchapter 3.700, existing action is “an action in this court or any other court in which both the petitioner and the respondent are parties; existing actions include, but are not limited to, pending and completed domestic relations actions, criminal actions, other actions for [PPOs].” MCR 3.702(5). See also MCR 3.715(3).
Extreme risk protection order (ERPO)
•For purposes of MCL 691.1801 et seq., extreme risk protection order “means an order issued by a court under [MCL 691.1807].” MCL 691.1803(c). See also MCR 3.715(4).
F
•For purposes of the Domestic Violence Prevention and Treatment Act, family or household member includes any of the following:
“(i) A spouse or former spouse.
(ii) An individual with whom the person resides or has resided.
(iii) An individual with whom the person has or has had a dating relationship.
(iv) An individual with whom the person is or has engaged in a sexual relationship.
(v) An individual to whom the person is related or was formerly related by marriage.
(vi) An individual with whom the person has a child in common.
(vii) The minor child of an individual described in subparagraphs (i) to (vi).” MCL 400.1501(e).
•For purposes of the Code of Criminal Procedure, MCL 768.27b (admitting other acts of domestic violence into evidence in a criminal proceeding involving domestic violence), defines a family or household member to include any of the following:
“(i) A spouse or former spouse.
(ii) An individual with whom the person resides or has resided.
(iii) An individual with whom the person has or has had a child in common.
(iv) An individual with whom the person has or has had a dating relationship. As used in this subparagraph, ‘dating relationship’ means frequent, intimate associations primarily characterized by the expectation of affectional involvement. This term does not include a casual relationship or an ordinary fraternization between 2 individuals in a business or social context.” MCL 768.27b(6)(b).
•For purposes of MCL 768.27c (admitting evidence of infliction or threat of physical injury in domestic violence cases), family or household member means any of the following:
“(i) A spouse or former spouse.
(ii) An individual with whom the person resides or has resided.
(iii) An individual with whom the person has or has had a child in common.
(iv) An individual with whom the person has or has had a dating relationship. As used in this subparagraph, ‘dating relationship’ means frequent, intimate associations primarily characterized by the expectation of affectional involvement. This term does not include a casual relationship or an ordinary fraternization between 2 individuals in a business or social context.” MCL 768.27c(5)(c).
•For purposes of MCL 691.1801 et seq., family member “means an individual who is related to the respondent as any of the following:
(i) A parent.
(ii) A son or daughter.
(iii) A sibling.
(iv) A grandparent.
(v) A grandchild.
(vi) An uncle or aunt.
(vii) A first cousin.” MCL 691.1803(d). See also MCR 3.715(5).
Federal law enforcement officer
•For purposes of MCL 600.2950, federal law enforcement officer is “an officer or agent employed by a law enforcement agency of the United States government whose primary responsibility is the enforcement of laws of the United States.” MCL 600.2950(30)(b).
•For purposes of MCL 600.2950a, federal law enforcement officer is “an officer or agent employed by a law enforcement agency of the United States government whose primary responsibility is the enforcement of laws of the United States.” MCL 600.2950a(31)(b).
•For purposes of Michigan statutory firearm licensing restrictions, MCL 28.421 et seq., a felony is “except as otherwise provided in this subdivision, that term as defined in . . . MCL 761.1,[7] or a violation of a law of the United States or another state that is designated as a felony or that is punishable by death or by imprisonment for more than 1 year. Felony does not include a violation of a penal law of this state that is expressly designated as a misdemeanor.” MCL 28.421(1)(b).
•For purposes of MCL 28.425b, felony is “except as otherwise provided in this subdivision, that term as defined in . . . MCL 761.1,[8] or a violation of a law of the United States or another state that is designated as a felony or that is punishable by death or by imprisonment for more than 1 year. Felony does not include a violation of a penal law of this state that is expressly designated as a misdemeanor.” MCL 28.425b(22)(c).
•For purposes of MCL 750.223(3)(a), felony is “a violation of a law of this state, or of another state, or of the United States that is punishable by imprisonment for 4 years or more.” MCL 750.223(3)(a).
•For purposes of MCL 750.224f, a felony is “a violation of a law of this state, or of another state, or of the United States that is punishable by imprisonment for a term exceeding 1 year, or an attempt to violate such a law.” MCL 750.224f(10)(b).
•For purposes of 18 USC 922, firearm is “(A) any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by the action of an explosive; (B) the frame or receiver of any such weapon; (C) any firearm muffler or firearm silencer; or (D) any destructive device.[9] Such term does not include an antique firearm.” 18 USC 921(a)(3).
•For purposes of Michigan statutory firearm licensing restrictions, MCL 28.421 et seq., firearm is “any weapon which will, is designed to, or may readily be converted to expel a projectile by action of an explosive.” MCL 28.421(1)(c).
•For purposes of the Michigan Penal Code, firearm is “any weapon which will, is designed to, or may readily be converted to expel a projectile by action of an explosive.”10MCL 750.222(e).
•For purposes of MCL 600.2950i–MCL 600.2950m, foreign protection order is “an injunction or other order issued by a court of another state, Indian tribe, or United States territory for the purpose of preventing a person’s violent or threatening acts against, harassment of, contact with, communication with, or physical proximity to another person. Foreign protection order includes temporary and final orders issued by civil and criminal courts (other than a support or child custody order issued pursuant to state divorce and child custody laws, except to the extent that such an order is entitled to full faith and credit under other federal law), whether obtained by filing an independent action or by joining a claim to an action, if a civil order was issued in response to a complaint, petition, or motion filed by or on behalf of a person seeking protection.” MCL 600.2950h(a).
•For purposes of Michigan statutory firearm licensing restrictions, MCL 28.421 et seq., firearms records means “any form, information, or record required for submission to a government agency under [MCL 28.422, MCL 28.422a, MCL 28.422b, and MCL 28.425b], or any form, permit, or license issued by a government agency under this act.” MCL 28.421(1)(d).
•For purposes of the Uniform Interstate Family Support Act (UIFSA), MCL 552.2101 et seq., foreign country is “a country, including a political subdivision thereof, other than the United States, that authorizes the issuance of support orders and 1 or more of the following:
(i) That has been declared under the law of the United States to be a foreign reciprocating country.
(ii) That has established a reciprocal arrangement for child support with this state as provided in [MCL 552.2308].
(iii) That has enacted a law or established procedures for the issuance and enforcement of support orders that are substantially similar to the procedures under this act.
(iv) In which the Convention is in force with respect to the United States.” MCL 552.2102(e).
•For purposes of the Uniform Interstate Family Support Act (UIFSA), MCL 552.2101 et seq., foreign support order is “a support order of a foreign tribunal.” MCL 552.2102(f).
•For purposes of the Uniform Interstate Family Support Act (UIFSA), MCL 552.2101 et seq., foreign tribunal is “a court, administrative agency, or quasi-judicial entity of a foreign county that is authorized to establish, enforce, or modify support orders or to determine parentage of a child. Foreign tribunal includes a competent authority under the Convention.” MCL 552.2102(g).
•For purposes of 18 USC 922(g)(8), fugitive from justice is “any person who has fled from any State to avoid prosecution for a crime or to avoid giving testimony in any criminal proceeding.” 18 USC 921(a)(15).
G
•For purposes of MCR 3.218, governmental agency is “any entity exercising constitutional, legislative, executive, or judicial authority, when providing benefits or services.” MCR 3.218(A)(5).
•For purposes of MCL 691.1801 et seq., guardian “means that term as defined in [MCL 700.1104].” MCL 691.1803(e). See also MCR 3.715(5).
H
•For purposes of MCL 750.411h, harassment is “conduct directed toward a victim that includes, but is not limited to, repeated or continuing unconsented contact that would cause a reasonable individual to suffer emotional distress and that actually causes the victim to suffer emotional distress. Harassment does not include constitutionally protected activity or conduct that serves a legitimate purpose.” MCL 750.411h(1)(d).
•For purposes of MCL 750.411i, harassment is “conduct directed toward a victim that includes, but is not limited to, repeated or continuing unconsented contact that would cause a reasonable individual to suffer emotional distress and that actually causes the victim to suffer emotional distress. Harassment does not include constitutionally protected activity or conduct that serves a legitimate purpose.” MCL 750.411i(1)(d).
•For purposes of MCL 691.1801 et seq., health care provider “means any of the following:
(i) A physician, physician’s assistant, nurse practitioner, or certified nurse specialist licensed under [MCL 333.16101 to MCL 333.18838], or a physician, physician’s assistant, nurse practitioner, or certified nurse specialist licensed in another state.
(ii) A mental health professional as that term is defined in [MCL 330.1100b], or a mental health professional licensed in another state.” MCL 691.1803(f). See also MCR 3.715(5).
•For purposes of the Uniform Child Abduction Prevention Act (UCAPA), home state is “that term as defined in the [UCCJEA], MCL 722.1102.” MCL 722.1522(h).
I
•For purposes of MCL 767.24(3) and MCL 767.24(4), identified is “the individual’s legal name is known and he or she has been determined to be the source of the DNA.” MCL 767.24(5)(b).
•For purposes of the Violence Against Women Act, 18 USC 2261 et seq., Indian country “has the meaning stated in [18 USC 1151].” 18 USC 2266(4).
•For purposes of MCL 765.6b, informed consent is when “the victim was given information concerning all of the following before consenting to participate in electronic device: (i) [t]he victim’s right to refuse to participate in that monitoring and the process for requesting the court to terminate the victim’s participation after it has been ordered[,] (ii) [t]he manner in which the monitoring technology functions and the risks and limitations of that technology, and the extent to which the system will track and record the victim’s location and movements[,] (iii) [t]he boundaries imposed on the defendant during the monitoring program[,] (iv) [s]anctions that the court may impose on the defendant for violating an order issued under this subsection[,] (v) [t]he procedure that the victim is to follow if the defendant violates an order issued under this subsection or if monitoring equipment fails to operate properly[,] (vi) [i]dentification of support services available to assist the victim to develop a safety plan to use if the court’s order issued under this subsection is violated or if the monitoring equipment fails to operate properly[,] (vii) [i]dentification of community services available to assist the victim in obtaining shelter, counseling, education, child care, legal representation, and other help in addressing the consequences and effects of domestic violence[,] (viii) [t]he nonconfidential nature of the victim’s communications with the court concerning electronic monitoring and the restrictions to be imposed upon the defendant’s movements.” MCL 765.6b(6)(d).
• For purposes of MCL 750.411s, internet is “that term as defined in . . . 47 USC 230.” MCL 750.411s(8)(h).
Interstate or foreign commerce
•For purposes of 18 USC 922(g)(8), interstate or foreign commerce is “commerce between any place in a State and any place outside of that State, or within any possession of the United States (not including the Canal Zone) or the District of Columbia, but such term does not include commerce between places within the same State but through any place outside of that State. The term ‘State’ includes the District of Columbia, the Commonwealth of Puerto Rico, and the possessions of the United States (not including the Canal Zone.” 18 USC 921(a)(2).
•For purposes of 18 USC 922(g)(8), intimate partner is, “with respect to a person, the spouse of the person, a former spouse of the person, an individual who is a parent of a child of the person, an individual who cohabitates or has cohabited with the person.” 18 USC 921(a)(32).
L
•For purposes of MCL 691.1801 et seq., law enforcement agency “means any of the following:
(i) A sheriff’s department.
(ii) The department of state police.
(iii) A police department of a township, village, or incorporated city.
(iv) The public safety department of an institution of higher education created under or described in article VIII of the state constitution of 1963.
(v) The public safety department of a community or junior college.
(vi) The public safety department or office of a private college.” MCL 691.1803(g). See also MCR 3.715(5).
•For purposes of MCL 691.1801 et seq., law enforcement officer “means a law enforcement officer as that term is defined in [MCL 28.602].” MCL 691.1803(h). See also MCR 3.715(5).
•For purposes of MCL 600.2950h–MCL 600.2950m, LEIN is “the law enforcement information network regulated under the LEIN policy council act of 1974, . . . MCL 28.211 to [MCL] 28.216.” MCL 600.2950h(b).
•For purposes of MCL 765.6b, LEIN is “the law enforcement information network regulated under the C.J.I.S. policy council act, . . . MCL 28.211 to [MCL] 28.215, or by the department of state police.” MCL 765.6b(11).
•For purposes of MCL 771.2a, listed offense “means that term as defined in . . . MCL 28.722.” MCL 771.2a(13)(a). MCL 28.722(i) defines listed offense as “a tier I, tier II, or tier III offense.”11
M
Major controlled substance offense
•For purposes of the Code of Criminal Procedure, major controlled substance offense means “either or both of the following:” a violation of MCL 333.7401(2)(a), a violation of MCL 333.7403(2)(a)(i)-(iv), or conspiracy to commit a violation of either MCL 333.7401(2)(a) or MCL 333.7403(2)(a)(i)-(iv). MCL 761.2.
•For purposes of MCR 2.411, MCR 2.412 and MCR 3.216, mediation communications are “statements whether oral or in a record, verbal or nonverbal, that occur during the mediation process or are made for purposes of retaining a mediator or for considering, initiating, preparing for, conducting, participating in, continuing, adjourning, concluding, or reconvening a mediation.” MCR 2.412(A); MCR 2.412(B)(2).
•For purposes of MCR 2.411, MCR 2.412, and MCR 3.216, mediation participant is “a mediation party, a nonparty, an attorney for a party, or a mediator who participates in or is present at a mediation.” MCR 2.412(B)(4).
•For purposes of the Child Protection Law, MCL 722.621 et seq., member of the clergy means “a priest, minister, rabbi, Christian science practitioner, spiritual leader, or other religious practitioner, or similar functionary of a church, temple, spiritual community, or recognized religious body, denomination, or organization.” MCL 722.622(z).
•For purposes of MCL 28.425b, mental illness is “a substantial disorder of thought or mood that significantly impairs judgment, behavior, capacity to recognize reality, or ability to cope with the ordinary demands of life, and includes, but is not limited to, clinical depression.” MCL 28.425b(22)(d).
•For purposes of subchapter 3.700, minor is “a person under the age of 18.” MCR 3.702(6). See also MCR 3.715(6).
Minor personal protection order (PPO)
•For purposes of subchapter 3.700, minor personal protection order is “a personal protection order issued by a court against a minor and under jurisdiction granted by MCL 712A.2(h).” MCR 3.702(7).
•For purposes of Michigan statutory firearm licensing restrictions, MCL 28.421 et seq., misdemeanor is “a violation of a penal law of this state or violation of a local ordinance substantially corresponding to a violation of a penal law of this state that is not a felony or a violation of an order, rule, or regulation of a state agency that is punishable by imprisonment or a fine that is not a civil fine, or both.” MCL 28.421(1)(f).
•For purposes of MCL 28.425b, misdemeanor is “a violation of a penal law of this state or violation of a local ordinance substantially corresponding to a violation of a penal law of this state that is not a felony or a violation of an order, rule, or regulation of a state agency that is punishable by imprisonment or a fine that is not a civil fine, or both.” MCL 28.425b(22)(e).
Misdemeanor crime of domestic violence
•For purposes of 18 USC 922(g)(9), misdemeanor crime of domestic violence is “an offense that—
(i) is a misdemeanor under Federal, State, or Tribal law; and
(ii) has, as an element, the use or attempted use of physical force,[12] or the threatened use of a deadly weapon, committed by a current or former spouse, parent, or guardian of the victim, by a person with whom the victim shares a child in common, by a person who is cohabiting with or has cohabited with the victim as a spouse, parent, or guardian, or by a person similarly situated to a spouse, parent, or guardian of the victim.” 18 USC 921(a)(33)(A).
Misdemeanor involving domestic violence
•For purposes of MCL 750.224f, misdemeanor involving domestic violence is “a violation of any of the following:
(i) [MCL 750.81(2)].
(ii) [MCL 750.81(4)] if both the violation of [MCL 750.81(4)] and the previous conviction were for assaulting or assaulting and battering an individual described in [MCL 750.81(2)].
(iii) [MCL 750.81a(2)].
(iv) [MCL 750.115(2)].
(v) [MCL 750.145n(5)].
(vi) [MCL 750.377a(1)(d) or MCL 750.377a(1)(f)].
(vii) [MCL 750.380(5) or MCL 750.380(7)].
(viii) [MCL 750.411h(2)(c)].
(ix) [MCL 750.540e(1)(h)].
(x) An ordinance, a law of another state, or a law of the United States that substantially corresponds to a violation listed in [MCL 750.224f(10)(c)(i)-(ix)].
(xi) An ordinance, a law of another state, or a law of the United States that is specifically designated as domestic violence.” MCL 750.224f(10)(c).
N
•For purposes of MCL 600.2950l, NCIC protection order file is “the national crime information center protection order file maintained by the United States department of justice, federal bureau of investigation.” MCL 600.2950h(c).
•For purposes of the interim guidance governing civil immigration enforcement actions in or near a courthouse, near a courthouse “means in the close vicinity of [a] courthouse, including the entrance and exit of a courthouse, and in adjoining or related areas such as an adjacent parking lot or transportation point (such as a bus stop right outside a courthouse). It does not include adjacent buildings or houses that are not part of [a] courthouse or otherwise are not used for court-related business.” Memorandum for U.S. Immigration and Customs Enforcement (ICE) and U.S. Customs and Border Protection (CBP), April 27, 2021, p 2.
•For purposes of MCL 600.2950, neglect is that term as defined in . . . MCL 750.50.” MCL 600.2950(30)(c). Under MCL 750.50(1)(h), neglect means “to fail to sufficiently and properly care for an animal to the extent that the animal’s health is jeopardized.”
•For purposes of MCR 8.119(H)(10), nonpublic “means that term as defined in MCR 1.109(H)(2).” MCR 8.119(H)(10). According to MCR 1.109(H)(2) nonpublic “means that a case record is not accessible to the public. A nonpublic case record is accessible to parties and only those other individuals or entities specified in statute or court rule. A record may be made nonpublic only pursuant to statute or court rule. A court may not make a record nonpublic by court order.” MCR 1.109(H)(2).
O
•For purposes of the Uniform Interstate Family Support Act (UIFSA), MCL 552.2101 et seq., obligee is “1 or more of the following:
(i) An individual to whom a duty of support is or is alleged to be owed or in whose favor a support order or a judgment determining parentage of a child has been issued.
(ii) A foreign county, state, or political subdivision of a state to which the rights under a duty of support or support order have been assigned or which has independent claims based on financial assistance provided to an individual obligee in place of child support.
(iii) An individual seeking a judgment determining parentage of the individual’s child.
(iv) A person that is a creditor in a proceeding under article 7.” MCL 552.2102(p).
•For purposes of MCL 750.122, official proceeding is “a proceeding heard before a legislative, judicial, administrative, or other governmental agency or official authorized to hear evidence under oath, including a referee, prosecuting attorney, hearing examiner, commissioner, notary, or other person taking testimony or deposition in that proceeding.” MCL 750.122(12)(a).
•For purposes of MCL 722.25, offending parent is “a parent who has been convicted of criminal sexual conduct as described in [MCL 722.25(2)] or who has been found by clear and convincing evidence in a fact-finding hearing to have committed acts of nonconsensual sexual penetration as described in [MCL 722.25(2)].” MCL 722.25(7).
•For purposes of MCL 722.27a, offending parent is “a parent who has been convicted of criminal sexual conduct as described in [MCL 722.27a(4)] or who has been found by clear and convincing evidence in a fact-finding hearing to have committed acts of nonconsensual sexual penetration as described in [MCL 722.27a(4)].” MCL 722.27a(19).
•For purposes of MCL 750.136b, omission is “willful failure to provide food clothing, or shelter necessary for a child’s welfare or willful abandonment of a child.” MCL 750.136b(1)(c).
P
•For purposes of the Child Custody Act, MCL 722.21 et seq., parent is “the natural or adoptive parent of a child.” MCL 722.22(i). As used in this definition, natural parent includes the woman who gave birth to a child; the term natural parent is not limited to whether a person has a genetic connection to a child. LeFever v Matthews, 336 Mich App 651, 666 (2021).
•MCL 750.350a(1) defines parental kidnapping as “an adoptive or natural parent of a child shall not take that child, or retain that child for more than 24 hours, with the intent to detain or conceal the child from any other parent or legal guardian of the child who has custody or parenting time rights under a lawful court order at the time of the taking or retention, or from the person or persons who have adopted the child, or from any other person having lawful charge of the child at the time of the taking or retention.”
•For purposes of MCR 2.407, participant “include[s], but [is] not limited to, parties, counsel, and subpoenaed witnesses, but do[es] not include the general public.” MCR 2.407(A)(1).
•For purposes of MCR 1.111, party is “a person named as a party or a person with legal decision-making authority in the case or court proceeding.” MCR 1.111(A)(2).
•For purposes of MCL 28.425f, peace officer is “a motor carrier officer appointed under . . . MCL 28.6d, and security personnel employed by the state under . . . MCL 28.6c.” MCL 28.425f(8).
•For purposes of the Uniform Interstate Family Support Act (UIFSA), MCL 552.2101 et seq., person is “an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.” MCL 552.2102(s).
•For purposes of MCL 750.136b, person is “a child’s parent or guardian or any other person who cares for, has custody of, or has authority over a child regardless of the length of time that a child is cared for, in the custody of, or subject to the authority of that person.”13 MCL 750.136b(1)(d).
•For purposes of 18 USC 922, person is “any individual, corporation, company, association, firm, partnership, society, or joint stock company.” 18 USC 921(a)(1).
•For purposes of the Uniform Child-Custody Jurisdiction and Enforcement Act (UCCJEA), person acting as a parent is “a person, other than a parent, who meets both of the following criteria: (i) [h]as physical custody of the child or has had physical custody for a period of 6 consecutive months, including a temporary absence, within 1 year immediately before the commencement of a child-custody proceeding[, and] (ii) [h]as been awarded legal custody by a court or claims a right to legal custody under [Michigan] law[.]” MCL 722.1102(m).
Personal protection order (PPO)14
•For purposes of MCL 600.2950, personal protection order is “an injunctive order issued by the family division of circuit court restraining or enjoining activity and individuals listed in [MCL 600.2950(1)].” MCL 600.2950(30(d).
•For purposes of MCL 600.2950a, personal protection order is “an injunctive order issued by the family division of circuit court restraining or enjoining conduct prohibited under [MCL 600.2950a(1)] or [MCL 600.2950a(3)].” MCL 600.2950a(31)(d).
•For purposes of MCL 764.15b, personal protection order is “a personal protection order issued under . . . MCL 600.2950 and [MCL] 600.2950a, and, unless the context indicates otherwise, includes a valid foreign protection order.” MCL 764.15b(9)(b).
•For purposes of the Uniform Child Abduction Prevention Act (UCAPA), petition “includes a motion or its equivalent.” MCL 722.1522(i).
•For purposes of MCL 691.1801 et seq., petitioner “means the individual who requests an extreme risk protection order in an action under [MCL 691.1805].” MCL 691.1803(i). See also MCR 3.715(7).
•For purposes of the Uniform Child-Custody Jurisdiction and Enforcement Act (UCCJEA), physical custody is “the physical care and supervision of a child.” MCL 722.1102(n).
•For purposes of MCL 750.136b, physical harm is “any injury to a child’s physical condition.” MCL 750.136b(1)(e).
•For purposes of Michigan statutory firearm licensing restrictions, MCL 28.421 et seq., pistol is “a loaded or unloaded firearm that is 26 inches or less in length, or a loaded or unloaded firearm that by its construction and appearance conceals it as a firearm.” MCL 28.421(1)(i).
•For purposes of MCL 691.1801 et seq,. possession or control “includes, but is not limited to, actual possession or constructive possession by which the individual has the right to control the firearm, even though the firearm is in a different location than the individual. Possession or control does not require the individual to own the firearm.” MCL 691.1803(j) (emphasis added). See also MCR 3.715(8).
•For purposes of MCL 750.411s, post a message is “transferring, sending, posting, publishing, disseminating, or otherwise communicating or attempting to transfer, send, post, publish, disseminate, or otherwise communicate information, whether truthful or untruthful, about the victim.” MCL 750.411s(8)(i).15 See Section 2.4(C) for more information about cyberstalking under MCL 750.411s.
•For purposes of MCL 750.136b, prior conviction is “a violation of [MCL 750.136b] or a violation of a law of another state substantially corresponding to [MCL 750.136b].” MCL 750.136b(12).
•For purposes of MCL 600.2950a, prisoner is “a person subject to incarceration, detention, or admission to a prison who is accused of, convicted of, sentenced for, or adjudicated delinquent for violations of federal, state, or local law or the terms and conditions of parole, probation, pretrial release, or a diversionary program.” MCL 600.2950a(31)(e).
•For purposes of the Probation Swift and Sure Sanctions Act, MCL 771A.1 et seq., probationer “means an individual placed on probation for committing a felony.” MCL 771A.2(b).
•For purposes of the Uniform Child Abduction Prevention Act (UCAPA), protection order is “either of the following: (i) An order entered under . . . MCL 600.2950 [or MCL] 600.2950a, under . . . MCL 765.6b [or MCL 771.3(2)(o)], under . . . MCL 712A.13a, or under . . . MCL 791.236[(16); or] (ii) A foreign protection order as defined in . . . MCL 600.2950h.” MCL 722.1522(j).
•For purposes of the Violence Against Women Act (VAWA), protection order is “(A) any injunction, restraining order, or any other order issued by a civil or criminal court for the purpose of preventing violent or threatening acts or harassment against, sexual violence, or contact or communication with or physical proximity to, another person, including any temporary or final order issued by a civil or criminal court whether obtained by filing an independent action or as a pendente lite order in another proceeding so long as any civil or criminal order was issued in response to a complaint, petition, or motion filed by or on behalf of a person seeking protection; and (B) any support, child custody or visitation provisions, orders, remedies or relief issued as part of a protection order, restraining order, or injunction pursuant to State, tribal, territorial, or local law authorizing the issuance of protection orders, restraining orders, or injunctions for the protection of victims of domestic violence, sexual assault, dating violence, or stalking.” 18 USC 2266(5).
•For purposes of MCL 750.539l, protective order is “both of the following: (i) An order entered under . . . MCL 600.2950, [MCL] 600.2950a, [or MCL] 600.2950h, or under . . . MCL 765.6b [or MCL] 771.3(2)(o), or under . . . MCL 712A.13a, or under . . . [MCL 791.236(16); and] (ii) A foreign protection order as defined in . . . MCL 600.2950h.” MCL 750.539l(5)(e).
•For purposes of MCL 750.411x, public media forum is “the internet or any other medium designed or intended to be used to convey information to other individuals, regardless of whether a membership or password is required to view the information.” MCL 750.411x(6)(c).
R
•For purposes of MCR 3.218 and “unless the context otherwise indicates,” records is “any case-specific information the friend of the court office maintains in any media[.]” MCR 3.218(A)(1).
•For purposes of Subchapter 3.900 of the Michigan Court Rules, “unless the context otherwise indicates[,]” records is “defined in MCR 1.109 and MCR 8.119 and include, but are not limited to, pleadings, complaints, citations, motions, authorized and unauthorized petitions, notices, memoranda, briefs, exhibits, available transcripts, findings of the court, registers of action, consent calendar case plans, and court orders.” MCR 3.903(A)(25).
•For purposes of the Uniform Child Abduction Prevention Act (UCAPA), record is “information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.” MCL 722.1522(k).
•For purposes of MCL 691.1801 et seq., respondent “means the individual against whom an extreme risk protection order is requested in an action under [MCL 691.1805].” MCL 691.1803(k). See also MCR 3.715(9).
•For purposes of MCL 691.1801 et seq., restrained individual “means the individual against whom an extreme risk protection order has been issued and is in effect.” MCL 691.1803(l).
•For purposes of the Hague Convention on the Civil Aspects of International Abduction (Hague Convention), Article 5(b) of the Hague Convention defines rights of access to include “the right to take a child for a limited period of time to a place other than the child’s habitual residence.”
•For purposes of the International Child Abduction Remedies (ICAR), 42 USC 11602(7) defines rights of access as “visitation rights[.]”
•For purposes of the Hague Convention on the Civil Aspects of International Abduction (Hague Convention), Article 5(a) of the Hague Convention defines rights of custody to “include rights relating to the care of the person of the child and, in particular, the right to determine the child’s place of residence[.]”
S
•For purposes of the Violence Against Women Act, 18 USC 2261 et seq., serious bodily injury “has the meaning stated in [18 USC 2119(2)].” 18 USC 2266(6).
•For purposes of MCL 750.136b, serious mental harm is “an injury to a child’s mental condition or welfare that is not necessarily permanent but results in visibly demonstrable manifestations of a substantial disorder of thought or mood which significantly impairs judgment, behavior, capacity to recognize reality, or ability to cope with the ordinary demands of life.” MCL 750.136b(1)(g).
•For purposes of MCL 750.136b, serious physical harm is “any physical injury to a child that seriously impairs the child’s health or physical well-being, including, but not limited to, brain damage, a skull or bone fracture, subdural hemorrhage or hematoma, dislocation, sprain, internal injury, poisoning, burn or scald, or severe cut.” MCL 750.136b(1)(f).
•For purposes of MCL 600.2157a, sexual assault is “assault with intent to commit criminal sexual conduct.” MCL 600.2157a(1)(c).
•For purposes of MCL 600.2950a, sexual assault is “an act, attempted act, or conspiracy to engage in an act of criminal conduct as defined in . . . MCL 750.520b, [MCL] 750.520c, [MCL] 750.520d, [MCL] 750.520e, [or] [MCL] 750.520g, or an offense under a law of the United States, another state, or a foreign country or tribal or military law that is substantially similar to an offense listed in this subdivision.” MCL 600.2950a(31)(f).
•For purposes of the Code of Criminal Procedure, MCL 768.27b (admitting other acts of domestic violence into evidence in a criminal proceeding involving domestic violence), sexual assault means a listed offense as that term is defined in . . . MCL 28.722.” MCL 768.27b(6)(c).
Sexual assault or domestic crisis center
•For purposes of MCL 600.2157a, sexual assault or domestic violence crisis center is “an office, institution, agency, or center which offers assistance to victims of sexual assault or domestic violence[16] and their families through crisis intervention and counseling.” MCL 600.2157a(1)(e).
Sexual assault or domestic violence counselor
•For purposes of MCL 600.2157a, sexual assault or domestic violence counselor is “a person who is employed at or who volunteers service at a sexual assault or domestic violence crisis center, and who in that capacity provides advice, counseling, or other assistance to victims of sexual assault or domestic violence[17] and their families.” MCL 600.2157a(1)(d).
•For purposes of Michigan criminal sexual conduct, sexual contact is “the intentional touching of the victim’s or actor’s intimate parts or the intentional touching of the clothing covering the immediate area of the victim’s or actor’s intimate parts, if that intentional touching can reasonably be construed as being for the purpose of sexual arousal or gratification, done for a sexual purpose, or in a sexual manner for: (i) [r]evenge[,] (ii) [t]o inflict humiliation[, or] (iii) [o]ut of anger.” MCL 750.520a(q). “‘Intimate parts’ includes the primary genital area, groin, inner thigh, buttock, or breast of a human being.” MCL 750.520a(f).
•For purposes of Michigan criminal sexual conduct, sexual penetration is “sexual intercourse, cunnilingus, fellatio, anal intercourse, or any other intrusion, however slight, of any part of a person’s body or of any object into the genital or anal openings of another person’s body, but emission of semen is not required.” MCL 750.520a(r).
•For purposes of MCL 750.224f, specified felony is “a felony in which 1 or more of the following circumstances exist:
(i) An element of that felony is the use, attempted use, or threatened use of physical force against the person or property of another, or that by its nature involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense.
(ii) An element of that felony is the unlawful manufacture, possession, importation, exportation, distribution, or dispensing of a controlled substance.
(iii) An element of that felony is the unlawful possession or distribution of a firearm.
(iv) An element of that felony is the unlawful use of an explosive.
(v) The felony is burglary of an occupied dwelling, or breaking and entering an occupied dwelling, or arson.”18 MCL 750.224f(10)(d).
•For purposes of 18 USC 2261, spouse or intimate partner includes
“a spouse or former spouse of the abuser, a person who shares a child in common with the abuser, and a person who cohabits or has cohabited as a spouse with the abuser; or [] a person who is or has been in a social relationship of a romantic or intimate nature with the abuser, as determined by the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship[.]” 18 USC 2266(7)(A)(i).
“any other person similarly situated to a spouse who is protected by the domestic or family violence laws of the State or tribal jurisdiction in which the injury occurred or where the victim resides.” 18 USC 2266(7)(B).
•For purposes of
•For purposes of MCL 600.2950k, spouse or intimate partner is “all of the following: (a) [s]pouse[;] (b) [f]ormer spouse[;] (c) [a]n individual with whom [the] petitioner has had a child in common[;] (d) [a]n individual residing or having resided in the same household as [the] petitioner[; and] (e) [a]n individual with whom [the] petitioner has or has had a dating relationship as that term is defined in [MCL 600.2950].” MCL 600.2950k(3).
•For purposes of MCL 750.411h, stalking is “a willful course of conduct involving repeated or continuing harassment of another individual that would cause a reasonable person to feel terrorized, frightened, intimated, threatened, harassed, or molested and that actually causes the victim to feel terrorized, frightened, intimidated, threatened, harassed, or molested.” MCL 750.411h(1)(e).
•For purposes of MCL 750.411i, stalking is “a willful course of conduct involving repeated or continuing harassment of another individual that would cause a reasonable person to feel terrorized, frightened, intimated, threatened, harassed, or molested and that actually causes the victim to feel terrorized, frightened, intimidated, threatened, harassed, or molested.” MCL 750.411i(1)(e).
•For purposes of the Uniform Interstate Family Support Act (UIFSA), MCL 552.2101 et seq., state is “a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. State includes an Indian nation or tribe.” MCL 552.2102(z).
•For purposes of the Uniform Child Abduction Prevention Act (UCAPA), state “is a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. State includes a federally recognized Indian tribe or nation.” MCL 722.1522(l).
•For purposes of Violence Against Women Act (VAWA), 18 USC 2261 et seq., state “includes a State of the United States, the District of Columbia, and a commonwealth, territory, or possession of the United States.” 18 USC 2266(8).
•For purposes of MCL 750.84, strangulation or suffocation is “intentionally impeding normal breathing or circulation of the blood by applying pressure on the throat or neck or by blocking the nose or mouth of another person.” MCL 750.84(2).
•For purposes of the Uniform Interstate Family Support Act (UIFSA), MCL 552.2101 et seq., support order is “a judgment, decree, order, decision, or directive, whether temporary, final, or subject to modification, issued in a state or foreign county for the benefit of a child, a spouse, or a former spouse, that provides for monetary support, health care, arrearages, retroactive support, or reimbursement for financial assistance provided to an individual obligee in place of child support. Support order may include related costs and fees, interest, income withholding, automatic adjustment, reasonable attorney’s fees, and other relief.” MCL 552.2102(bb).
T
•For purposes of MCL 771.4b, technical probation violation is “a violation of the terms of a probationer’s probation order that is not listed below, including missing or failing a drug test, subparagraph (ii) notwithstanding.” MCL 771.4b(9)(b). “Technical probation violations do not include the following:
(i) A violation of an order of the court requiring that the probationer have no contact with a named individual.
(ii) A violation of a law of this state, a political subdivision of this state, another state, or the United States or of tribal law, whether or not a new criminal offense is charged.
(iii) The consumption of alcohol by a probationer who is on probation for a felony violation of . . . MCL 257.625.
(iv) Absconding.” MCL 771.4b(9)(b).
•For purposes of subchapters 6.000–6.800 of the Michigan Court Rules, technical probation violation is “any violation of the terms of a probation order, including missing or failing a drug test[.]” MCR 6.003(7). Technical probation violations do not include the following:
“(a) A violation of an order of the court requiring that the probationer have no contact with a named individual.
(b) A violation of a law of this state, a political subdivision of this state, another state, or the United States or of tribal law, whether or not a new criminal offense is charged.
(c) The consumption of alcohol by a probationer who is on probation for a felony violation of MCL 257.625.
(d) Absconding, defined as the intentional failure of a probationer to report to his or her supervising agent or to advise his or her supervising agent of his or her whereabouts for a continuous period of not less than 60 days.” MCR 6.003(7).
•For purposes of MCL 750.539l, tracking device is “any electronic device that is designed or intended to be used to track the location of a motor vehicle regardless of whether that information is recorded.” MCL 750.539l(5)(f).
•For purposes of the Uniform Child Abduction Prevention Act (UCAPA), travel document is “records relating to a travel itinerary, including travel tickets, passes, reservations for transportation, or accommodations. Travel document does not include a passport or visa.” MCL 722.1522(m).
Travel in interstate or foreign commerce
•For purposes of the Violence Against Women Act (VAWA), 18 USC 2261 et seq., travel in interstate or foreign commerce “does not include travel from 1 State to another by an individual who is a member of an Indian tribe and who remains at all times in the territory of the Indian tribe of which the individual is a member.” 18 USC 2266(9).
•For purposes of MCL 28.425b, treatment is “care or any therapeutic service, including, but not limited to, the administration of a drug, and any other service for the treatment of a mental illness.” MCL 28.425b(22)(f).
•For purposes of the Uniform Interstate Family Support Act (UIFSA), MCL 552.2101 et seq., tribunal is “a court, administrative agency, or quasi-judicial entity authorized to establish, enforce, or modify support orders or to determine parentage of a child.” MCL 552.2102(cc).
U
•For purposes of MCL 750.411h, unconsented contact is “any contact with another individual that is initiated or continued without that individual’s consent or in disregard of that individual’s expressed desire that the contact be avoided or discontinued. Unconsented contact includes, but is not limited to, any of the following: (i) Following or appearing within the sight of that individual[,] (ii) Approaching or confronting that individual in a public place or on private property[,] (iii) Appearing at that individual’s workplace or resident[,] (iv) Entering onto or remaining on property owned, leased, or occupied by that individual[,] (v) Contacting that individual by telephone[,] (vi) Sending mail or electronic communications to that individual[, and] (vii) Placing an object on, or delivering an object to, property owned, leased, or occupied by that individual.” MCL 750.411h(1)(f).
•For purposes of MCL 750.411i, unconsented contact is “any contact with another individual that is initiated or continued without that individual’s consent or in disregard of that individual’s expressed desire that the contact be avoided or discontinued. Unconsented contact includes, but is not limited to, any of the following: (i) Following or appearing within the sight of that individual[,] (ii) Approaching or confronting that individual in a public place or on private property[,] (iii) Appearing at that individual’s workplace or resident[,] (iv) Entering onto or remaining on property owned, leased, or occupied by that individual[,] (v) Contacting that individual by telephone[,] (vi) Sending mail or electronic communications to that individual[, and] (vii) Placing an object on, or delivering an object to, property owned, leased, or occupied by that individual.” MCL 750.411i(1)(f).
•For purposes of MCL 750.411s, unconsented contact is “any contact with another individual that is initiated or continued without that individual’s consent or in disregard of that individual’s expressed desire that the contact be avoided or discontinued. Unconsented contact includes any of the following: (i) Following or appearing within sight of the victim[,] (ii) Approaching or confronting the victim in a public place or on private property[,] (iii) Appearing at the victim’s workplace or residence[,] (iv) Entering onto or remaining on property owned, leased, or occupied by the victim[,] (v) Contacting the victim by telephone[,] (vi) Sending mail or electronic communications to the victim through the use of any medium, including the internet or a computer, computer program, computer system, or computer network[, and] (vii) Placing an object on, or delivering or having delivered an object to, property owned, leased, or occupied by the victim.” MCL 750.411s(8)(j).
V
Valid foreign protection order
•For purposes of MCL 764.15b, valid foreign protection order is “a foreign protection order that satisfies the conditions for validity provided in . . . MCL 600.2950i.” MCL 764.15b(9)(c).
•For purposes of MCL 764.15c, valid foreign protection order is “a foreign protection order that satisfies the conditions for validity provided in . . . MCL 600.2950i.” MCL 764.15c(7)(f).
•For purposes of the Veterans Treatment Court Program, veteran means “an individual who meets both of the following: (i) [i]s a veteran as defined in . . . MCL 35.61[;19] (ii) [s]erved at least 180 days of active duty in the armed forces of the United States.”20 MCL 600.1200(h).
•For purposes of Chapter 12 (Veterans Treatment Courts) of the Revised Judicature Act, MCL 600.1205 et seq., veterans treatment court is “a court adopted or instituted under [MCL 600.1201] that provides a supervised treatment program for individuals who are veterans and who abuse or are dependent upon any controlled substance or alcohol or suffer from a mental illness.” MCL 600.1200(j).
•For purposes of MCL 600.2157a, victim is “a person who was or who alleges to have been the subject of a sexual assault or of domestic violence.” MCL 600.2157a(1)(f).
•For purposes of MCL 750.411h, victim is “an individual who is the target of a willful course of conduct involving repeated or continuing harassment.” MCL 750.411h(1)(g).
•For purposes of MCL 750.411i, victim is “an individual who is the target of a willful course of conduct involving repeated or continuing harassment.” MCL 750.411i(1)(g).
•For purposes of MCL 750.411s, victim is “the individual who is the target of the conduct elicited by the posted message or a member of that individual’s immediate family.” MCL 750.411s(8)(k).
•For purposes of MCL 750.520a, victim is “the person alleging to have been subjected to criminal sexual conduct.”MCL 750.520a(s).
Victim-based immigration benefits
•For purposes of ICE Directive 11005.3, victim-based immigration benefits are “[i]mmigration benefits adjudicated by USCIS for noncitizen crime victims and their qualifying family members, including T nonimmigrant status (T visa) for qualifying human trafficking victims, U nonimmigrant status (U Visa) for qualifying victims of crime, VAWA relief for qualifying domestic violence victims, Special Immigrant Juvenile classification (SIJ) for qualifying children who have been abused, neglected, or abandoned by one or both parents.” ICE Directive 11005.3, ¶ 3.8.
•For purposes of ICE Directive 11005.3, victim-centered approach is “[an] approach broadly adopted by federal law enforcement agencies whereby equal value is placed on the identification and stabilization of victims and on the deterrence, investigation, and prosecution of perpetrators. It should be applied to policymaking and civil immigration enforcement actions to the greatest extent possible, to the extent consistent with law. The goal of a victim-centered investigation and prosecution is to focus the investigation and prosecution around the victim while minimizing any undue stress, harm, and trauma to the victim.” ICE Directive 11005.3, ¶ 3.9.
•For purposes of MCR 2.407, videoconferencing is “the use of an interactive technology, including a remote digital platform, that sends video, voice, and/or data signals over a transmission circuit so that two or more individuals or groups can communicate with each other simultaneously using video codecs, monitors, camera, audio microphones, and audio speakers. It includes use of a remote video platform through an audio-only option.” MCR 2.407(A)(2).
•For purposes of MCR 6.106(B)(1), violent felony “is a felony, an element of which involves a violent act or threat of a violent act against any other person.” MCR 6.106(B)(2).
•For purposes of MCL 771.2a, violent felony is “that term as defined in . . . MCL 791.236.” MCL 771.2a(14)(g). MCL 791.236(20) defines violent felony as “an offense against a person in violation of . . . MCL 750.82, [MCL] 750.83, [MCL] 750.84, [MCL] 750.86, [MCL] 750.87, [MCL] 750.88, [MCL] 750.89, [MCL] 750.316, [MCL] 750.317, [MCL] 750.321, [MCL] 750.349, [MCL] 750.349a, [MCL] 750.350, [MCL] 750.397, [MCL] 750.520b, [MCL] 750.520c, [MCL] 750.520d, [MCL] 750.520e, [MCL] 750.520g, [MCL] 750.529, [MCL] 750.529a, [or MCL] 750.530.”
•For purposes of the Uniform Child Abduction Prevention Act (UCAPA), visitation “includes parenting time as that term is used in the support and parenting time enforcement act, . . . MCL 552.601 to [MCL] 552.650.” MCL 722.1522(n).
W
•For purposes of the Uniform Child Abduction Prevention Act (UCAPA), wrongful removal is “the taking of a child that breaches rights of custody or visitation given or recognized under the law of this state. Wrongful removal does not include actions taken to provide for the safety of a party of the child.” MCL 722.1522(o).
•For purposes of the Uniform Child Abduction Prevention Act (UCAPA), wrongful retention is “the keeping or concealing of a child that reaches rights of custody or visitation given or recognized under law of this state. Wrongful retention does not include actions taken to provide for the safety of a party or the child.” MCL 722.1522(p).