Rule 3.705.Issuance of Personal Protection Orders

MCR 3.705 is where a personal protection petition turns into a decision. It handles two paths — an order entered without notice, and an order entered after a hearing — and puts a deadline on each.

Ex parte orders

Subrule (A)(1) gives the court one business day from the filing date of the petition to rule on a request for an ex parte order. Subrule (A)(2) sets the standard: if it clearly appears from specific facts shown by verified complaint, written petition, or affidavit that the petitioner is entitled to the relief sought, the order shall be granted where immediate and irreparable injury, loss, or damage will result from the delay required to effectuate notice, or where notice will itself precipitate adverse action before an order can be issued. In a proceeding under MCL 600.2950a, the court must state in writing the specific reasons for issuing the order. A permanent record or memorandum must be made of any nonwritten evidence, argument, or other representations offered in support.

Subrule (A)(3) requires an ex parte order to run for not less than 182 days and to state its expiration date on its face. Subrule (A)(4) directs the petitioner to serve the petition and order as provided in MCR 3.706(D), then adds a point that catches many readers off guard: failure to make service does not affect the order's validity or effectiveness.

When the court says no

Subrule (A)(5) requires a court refusing an ex parte order to state its reasons in writing and to advise the petitioner of the right to request a hearing under subrule (B). If no hearing is requested within 21 days of entry of the order, the order denying the petition is final. The notice requirement drops away if the court determines, after interviewing the petitioner, that the claims are sufficiently without merit that the action should be dismissed without a hearing.

Hearings

Subrule (B)(1) requires the court to schedule a hearing as soon as possible in two situations, subject to that same without merit determination: where the petition does not request an ex parte order, and where the court refuses an ex parte order and the petitioner then asks for a hearing. Notice of the hearing goes to the respondent with the petition under MCR 2.105(A), and to a minor respondent's parent, guardian, or custodian when their whereabouts are known. The rule then sets what counts as enough lead time:

• One day before the hearing is sufficient notice for a petition seeking an order under MCL 600.2950 or MCL 600.2950a(1).
• Two days before the hearing is sufficient notice for a petition seeking an order under MCL 600.2950a(2).

Hearings are held on the record, and under MCR 2.407 the court may allow a participant to appear by videoconferencing technology. Subrule (B)(4) requires the petitioner to attend, and allows the court to adjourn and reschedule or to dismiss the petition if the petitioner does not. Subrule (B)(5) permits entry of an order without further notice where the respondent fails to appear and the court finds diligent attempts at service were made, served or not, and that the petitioner is entitled to relief. Subrule (B)(6) requires reasons on the record either way, reasons in writing for a denial, and written specific reasons for issuance in a proceeding under MCL 600.2950a.

Publication

Subrule (C) prohibits a court, under 18 USC 2265(d)(3), from posting on the internet any information about the registration, petition, or issuance of an order if publication would likely reveal the protected party's identity or location.