Rule 3.706.Orders

MCR 3.706 governs the document itself. A personal protection order is enforced by officers who were not in the courtroom and, at times, by courts in other states, so the rule requires the order to carry its own instructions on its face.

What the order must contain

• A statement that the order has been entered, listing the type or types of conduct enjoined.
• A statement that the order is effective when signed by the judge and immediately enforceable anywhere in Michigan, and that after service it may be enforced by another state, an Indian tribe, or a territory of the United States.
• A statement of what a violation brings. For a respondent 17 years of age or more, immediate arrest and, on a finding of guilt of criminal contempt, imprisonment for not more than 93 days and a possible fine of not more than $500. For a respondent under 17, immediate apprehension and, on a finding of contempt, the dispositional alternatives listed in MCL 712A.18.
• An expiration date stated clearly on the face of the order.
• A statement that any law enforcement agency in Michigan may enforce the order, and that a violation elsewhere exposes the respondent to the enforcement procedures and penalties of the jurisdiction where it occurred.
• Identification of the law enforcement agency the court designates to enter the order into the law enforcement information network.
• For ex parte orders, a statement that within 14 days after being served with or receiving actual notice of the order, the restrained individual may file a motion to modify or terminate it along with a request for a hearing, and that forms and filing instructions are available from the clerk.

No mutual orders

Subrule (B) states the point in a single line: a personal protection order may not be made mutual. There is a petitioner and a respondent, and the restraint runs one way.

Custody and parenting time

Subrule (C) handles the collision between a protective order and an existing parenting arrangement. Under (C)(1) the issuing court must contact the court with jurisdiction over the custody or parenting time matter as provided in MCR 3.205 and, where practicable, should consult with that court about the effect on those rights before issuing the order. Under (C)(2), if the respondent's custody or parenting time rights will be adversely affected, the issuing court decides whether conditions can be written into the order to accommodate those rights, or whether doing so would compromise the safety of the petitioner and the minor children.

Subrule (C)(3) sets the priority. The personal protection order takes precedence over any existing custody or parenting time order until it expires or until the court with jurisdiction over that order modifies it to accommodate the protective conditions. A party who wants the custody or parenting time order changed files a motion in that court and requests a hearing, which must be held within 21 days after the motion is filed, with the proceeding itself governed by subchapter 3.200.

Service and oral notice

Subrule (D) puts service on the petitioner, under MCR 2.105(A), with the same obligation to serve a minor respondent's parent, guardian, or custodian when their whereabouts are known. On an appropriate showing, the court may allow service in another manner under MCR 2.105(J). As with the ex parte rule, failure to serve does not affect the order's validity or effectiveness. Subrule (E) requires a law enforcement officer who gives oral notice of the order under MCL 600.2950(22) or 600.2950a(22) to file proof of that notification with the court.