Michigan law as to Personal Protection Orders and Domestic Violence. Emphasis on new changes to the laws in the past 6 years. Created in 2005

1. Domestic Violence
Arthur A. Busch, Attorney At Law, P.C.
9400 S. Saginaw Rd., Grand Blanc, Mi 48439
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2. Interstate Enforcement
of Child Custody Orders
• Michigan Courts may take
temporary or emergency
jurisdiction of a child
custody matter if the is
present here and has been
abandoned or it is
necessary to protect the
child or the parent or
sibling is subjected to or
threatened with
mistreatment.
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3. Warrants for Physical Custody of Children
• If a court finds that a
child is likely to suffer
serious imminent
physical harm or be
imminently removed
from this state, it may
issue a warrant to take
physical custody of
the child.
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4. Prosecutor’s Actions
• Prosecutor may take
lawful action to locate
a child, obtain the
return of a child, or
enforce a child
custody determination
under certain
circumstances.
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5. Sealing of Court Files
• Where there are
allegations of
domestic violence the
court may order the
court records sealed if
there is “good cause”
shown in order to
protect the safety of
any alleged or
potential victim.
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6. Police Department Reporting
The obligations of
local police
departments is
expanded in
reporting to the
MSP domestic
violence “crimes”
rather than just
“incidents”.
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7. Domestic Violence Incident Defined
• Any crime where the
perpetrator has a
relationship or former
relationship
– spouse
– child in common
– dating relationship,
past or present
– same residence, past or
present
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8. Standard Domestic Violence
Incident Report Forms
• By 6/1/02 the MSP
will develop a new
form to be used by law
enforcement officers
responding to
domestic violence
incidents effective
10/1/02.
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9. Reporting Form Changes
• Report forms will be very
similar as now.
• Changes will include the
definition of domestic
violence incident to
include crimes committed
against a person who a
dating relationship, past or
present.
• Also includes violations of
PPO’s.
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10. Police Policies for Domestic Violence Calls
• The questions to be
addressed in police
policies are expanded
to include protocols
for enforcing a valid
protection order
issued in a
jurisdiction outside
Michigan.
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11. Restrictions on Bond for
Domestic Violence Detainees
• No more automatic
releases after 20 hours
of detention without
bond (or a pre-
determined interim)
for those arrested for
assault/aggravated
assault in a domestic
relationship.
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12. More on Those Arrested
• Suspects must be held
until they can be
arraigned or have
interim bond set by a
judge or magistrate.
• Interim bond may
include no-contact
order.
• Bond conditions shall
be immediately entered
into LEIN
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13. Dating Relationship Assaults
• Statute now allows
where there is a dating
relationship, past or
present, police can
make a warrantless
arrest for assault or
aggravated assault in
a domestic
relationship.
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14. What Is A Dating Relationship?
• Frequent, intimate
associations primarily
characterized by the
expectation of affectionate
involvement.
• This term does not include
a casual relationship or an
ordinary fraternization
between 2 people in
business or social contact.
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15. Criminal History Record Information
for PPO Contempt Violators
• MSP to keep fingerprints
and criminal history
records on those
convicted of contempt in
PPO cases.
• This does not apply to
civil contempt
• Juveniles also included
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16. CCH History Requirements
• Arresting law enforcement
agencies must forward
fingerprints to MSP within 72
hours after arrest of a person for
criminal contempt for violating a
Michigan PPO or foreign PPO.
• Refusal to submit to
fingerprinting is a 90 day
misdemeanor.
• Can use these fingerprints for
criminal ID purposes unless
prohibited by law.
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17. Warrantless Arrests for
Violating Criminal Court Order
Police may make a
warrantless arrest
upon reasonable cause
to believe a person has
violated a condition of
a conditional release
or probation order
imposed by a court in
Michigan or another
state.
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18. Appearance Tickets
• No appearance ticket for person arrested for
assault against a domestic partner (this now
includes dating relationships)
• Warrantless arrests no okay for those in dating
relationships;
• Police can recoup expenses for emergency
response and the costs of prosecution.
• Post-conviction bail is not provided for persons
convicted of assaultive crimes including
aggravated stalking.
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19. Interstate Enforcement of PPO’s
• Michigan PPP’s must be
enforced by other states as
long as jurisdictional and
due process standards are
met. PPO provisions must
include statements to this
effect.
• No PPO’s to be issued
against a child under age
10.
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20. PPO Changes
• Courts must now
issue the reasons in
writing why they are
issuing a non-
domestic PPO.
• Permits enforcement
of other state’s non-
domestic PPO’s.
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21. Foreign Protection Orders
• Foreign state orders
are given the full faith
and credit by
Michigan Courts.
• These orders are
subject to the same
procedures and
penalties as if issued
by our own state
courts. 21

22. Foreign PPO’s and the Police
• Enforce in the same way you would a Michigan PPO
order.
• Police may rely on a copy of any PPO that is provided to
them from any source if the Order appears to contain the
necessary information and there is no indication of
invalidity. E.g.. Past the expiration date.
• Entry into LEIN Or NCIC of the PPO is not required to
enforce the order.
• Police immune from civil or criminal liability in any
action arising out of enforcement of a foreign PPO
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23. Foreign PPO’s Against Minors
• Family court has jurisdiction
over minors (those under 18).
• Can take minors into custody
with or without a court order
for violations of PPO’s.
• Police may take minor into
custody without a court order
upon reasonable cause to
believe the minor is violating
or has violated a Michigan or
foreign PPO. 23

24. Warrantless Arrest Authority for
Foreign PPO’s
• Police can arrest without a
warrant on reasonable cause to
believe an individual is
violating a valid PPO issued in
another state.
• Arrest procedures are the same
as for Michigan PPO’s.
• Michigan arraigning court
must notify the other state to
determine if extradition is
warranted.
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