Rule 3.983.Initiation of Contempt Proceedings by Supplemental Petition

MCR 3.983 is the doorway into a contempt case against a minor who allegedly violated a personal protection order. It says who may open that door, what the paper has to contain, what the court does next, and how the papers reach the minor and the minor's household.

Who may file, and what the filing says

Subrule (A) opens the filing to five people: the original petitioner, a law enforcement officer, a prosecuting attorney, a probation officer, or a caseworker. Any of them may submit a supplemental petition in writing asking that the respondent be found in contempt. The petition must contain a specific description of the facts constituting a violation of the personal protection order, which rules out a filing that recites the order and asserts a breach without saying what the minor did. And there is no fee for the petition, so cost is not a barrier for the person the order was meant to protect.

The court's two responses

Under subrule (B) the court must do one of two things once the supplemental petition arrives. It may set a date for a preliminary hearing, to be held as soon as practicable, and issue a summons to appear. Or it may issue an order authorizing a peace officer or another person designated by the court to apprehend the respondent. The rule gives no third option and no route that leaves the petition pending without either a hearing date or an apprehension order.

Service

If the court sets a hearing date, subrule (C) puts service on the petitioner. The supplemental petition and summons go to the respondent and, if the relevant addresses are known or can be ascertained upon diligent inquiry, to the respondent's parent or parents, guardian, or custodian. Service must be in the manner provided by MCR 3.920 at least 7 days before the preliminary hearing.

Orders to apprehend

Subrule (D) describes what an apprehension order can authorize. Under subrule (D)(1)(a) it may allow entry onto specified premises as required to bring the minor before the court. Under subrule (D)(1)(b) it may allow the minor to be detained pending the preliminary hearing, but only if it appears there is a substantial likelihood of retaliation or continued violation. Detention is therefore tied to a stated risk rather than following automatically from the order.

Subrule (D)(2) picks up after the minor is found. An officer who apprehends a minor respondent under a court order must comply with MCR 3.984(B) and (C), the provisions on notifying the family, delivering the minor, documenting the custody, and keeping a young respondent apart from adult prisoners.