Rule 3.985.Preliminary Hearing

Subchapter 3.900 — Proceedings Involving Juveniles · Last verified September 5, 2026

In one sentenceMCR 3.985 governs the preliminary hearing on an alleged violation of a minor personal protection order, from the 24-hour clock for a detained minor through the advice of rights, the decision whether to authorize the petition, and the choice between release and detention.

Full Text of Rule 3.985

Text sizeJump to: (A) (B) (C) (D) (E) (F) (G) (H)

(A) Time.

(1) Commencement. If the respondent was apprehended or arrested for violation of a minor personal protection order or was apprehended or arrested under a court order, and the respondent is taken into court custody or is jailed, the preliminary hearing must commence no later than 24 hours after the minor was apprehended or arrested, excluding Sundays and holidays, as defined in MCR 8.110(D)(2), or the minor must be released. Otherwise, the preliminary hearing must commence as soon as practicable after the apprehension or arrest, or the submission of a supplemental petition.

(2) General Adjournment. The court may adjourn the hearing for up to 14 days:

(a) to secure the attendance of witnesses or the minor's parent, guardian, or custodian, or

(b) for other good cause shown.

(B) Procedure.

(1) The court shall determine whether the parent, guardian, or custodian has been notified and is present. The preliminary hearing may be conducted without a parent, guardian, or custodian provided a guardian ad litem or attorney appears with the minor.

(2) Unless waived by the respondent, the court shall read the allegations in the supplemental petition, and ensure that the respondent has received written notice of the alleged violation.

(3) Immediately after the reading of the allegations, the court shall advise the respondent on the record in plain language of the rights to:

(a) contest the allegations at a violation hearing;

(b) an attorney at every stage in the proceedings, and, if the court determines it might sentence the respondent to jail or place the respondent in secure detention, the fact that the court will appoint an attorney at public expense if the respondent wants one and is financially unable to retain one;

(c) a nonjury trial and that a referee may be assigned to hear the case unless demand for a judge is filed pursuant to MCR 3.912;

(d) have witnesses against the respondent appear at a violation hearing and to question the witnesses;

(e) have the court order any witnesses for the respondent's defense to appear at the hearing; and

(f) remain silent and to not have that silence used against the respondent, and that any statement by the respondent may be used against the respondent.

(4) The court must decide whether to authorize the filing of the supplemental petition and proceed formally, or to dismiss the supplemental petition.

(5) The respondent must be allowed an opportunity to deny or otherwise plead to the allegations. If the respondent wishes to enter a plea of admission or of nolo contendere, the court shall follow MCR 3.986.

(6) If the court authorizes the filing of the supplemental petition, the court must:

(a) set a date and time for the violation hearing, or, if the court accepts a plea of admission or no contest, either enter a dispositional order or set the matter for dispositional hearing; and

(b) either release the respondent pursuant to subrule (E) or order detention of the respondent as provided in subrule (F).

(C) Notification. Following the preliminary hearing, if the respondent denies the allegations in the supplemental petition, the court must:

(1) notify the prosecuting attorney of the scheduled violation hearing;

(2) notify the respondent, respondent's attorney, if any, and respondent's parents, guardian, or custodian of the scheduled violation hearing and direct the parties to appear at the hearing and give evidence on the charge of contempt.

Notice of hearing must be given by personal service or ordinary mail at least 7 days before the violation hearing, unless the respondent is detained, in which case notice of hearing must be served at least 24 hours before the hearing.

(D) Failure to Appear. If the respondent was notified of the preliminary hearing and fails to appear for the preliminary hearing, the court may issue an order in accordance with MCR 3.983(D) authorizing a peace officer or other person designated by the court to apprehend the respondent.

(1) If the respondent is under 17 years of age, the court may order the respondent detained pending a hearing on the apprehension order; if the court releases the respondent it may set bond for the respondent's appearance at the violation hearing.

(2) If the respondent is 17 years of age, the court may order the respondent confined to jail pending a hearing on the apprehension order. If the court releases the respondent it must set bond for the respondent's appearance at the violation hearing.

(E) Release of Respondent.

(1) Subject to the conditions set forth in subrule (F), the respondent may be released, with conditions, to a parent, guardian, or custodian pending the resumption of the preliminary hearing or pending the violation hearing after the court considers available information on

(a) family ties and relationships,

(b) the minor's prior juvenile delinquency or minor personal protection order record, if any,

(d) the violent nature of the alleged violation,

(e) the minor's prior history of committing acts that resulted in bodily injury to others,

(f) the minor's character and mental condition,

(g) the court's ability to supervise the minor if placed with a parent or relative,

(h) the likelihood of retaliation or violation of the order by the respondent, and

(i) any other factors indicating the minor's ties to the community, the risk of nonappearance, and the danger to the respondent or the original petitioner if the respondent is released.

(2) Bail procedure is governed by MCR 3.935(F).

(F) Detention Pending Violation Hearing.

(1) Conditions. A minor shall not be removed from the parent, guardian, or custodian pending violation hearing or further court order unless:

(a) probable cause exists to believe the minor violated the minor personal protection order; and

(b) at the preliminary hearing the court finds one or more of the following circumstances to be present:

(i) there is a substantial likelihood of retaliation or continued violation by the minor who allegedly violated the minor personal protection order;

(ii) there is a substantial likelihood that if the minor is released to the parent, with or without conditions, the minor will fail to appear at the next court proceeding; or

(iii) detention pending violation hearing is otherwise specifically authorized by law.

(2) Waiver. A minor respondent in custody may waive the probable cause phase of a detention determination only if the minor is represented by an attorney.

(3) Evidence; Findings. At the preliminary hearing the minor respondent may contest the sufficiency of evidence to support detention by cross-examination of witnesses, presentation of defense witnesses, or by other evidence. The court shall permit the use of subpoena power to secure attendance of defense witnesses. A finding of probable cause under subrule (F)(1)(a) may be based on hearsay evidence which possesses adequate guarantees of trustworthiness.

(4) Type of Detention. The detained minor must be placed in the least restrictive environment that will meet the needs of the minor and the public, and conforms to the requirements of MCL 712A.15 and 712A.16.

(G) Findings. At the preliminary hearing the court must state the reasons for its decision to release or detain the minor on the record or in a written memorandum.

(H) Out-of-County Violation. When a minor is apprehended for violation of a minor personal protection order in a jurisdiction other than the one that issued the personal protection order, and the apprehending jurisdiction conducts the preliminary hearing, if it has not already done so, the apprehending jurisdiction must immediately notify the issuing jurisdiction that the latter may request that the respondent be returned to the issuing jurisdiction for enforcement proceedings.

End

Plain-English Summary

MCR 3.985 is the longest rule in this group and the busiest hearing in the case. It fixes when the hearing happens, what the court says and decides, and on what terms the minor waits for a violation hearing.

Timing

Under subrule (A)(1), if the respondent was apprehended or arrested and is taken into court custody or jailed, the preliminary hearing must commence no later than 24 hours after the apprehension or arrest, excluding Sundays and holidays as defined in MCR 8.110(D)(2), or the minor must be released. Custody drives that clock. Otherwise the hearing commences as soon as practicable. Subrule (A)(2) permits adjournment for up to 14 days to secure the attendance of witnesses or the minor's parent, guardian, or custodian, or for other good cause shown.

What happens at the hearing

Subrule (B) walks through the sequence. The court determines whether the parent, guardian, or custodian was notified and is present, and may go forward without them if a guardian ad litem or attorney appears with the minor. Unless waived, the court reads the allegations and confirms that the respondent received written notice of the alleged violation. Subrule (B)(3) then requires the court to advise the respondent on the record in plain language of the rights to:

contest the allegations at a violation hearing;
an attorney at every stage, with appointment at public expense if the court determines it might sentence the respondent to jail or order secure detention and the respondent wants an attorney and cannot afford one;
a nonjury trial, which a referee may hear unless a demand for a judge is filed under MCR 3.912;
have adverse witnesses appear at the violation hearing and to question them;
have the court order defense witnesses to appear; and
remain silent without that silence being used against the respondent, with a warning that any statement may be used.

The court then decides whether to authorize the filing of the supplemental petition or dismiss it, and allows the respondent to deny or otherwise plead. A plea of admission or nolo contendere is taken under MCR 3.986. If the petition is authorized, the court sets the violation hearing or, on an accepted plea, enters a dispositional order or sets a dispositional hearing, and either releases the respondent under subrule (E) or orders detention under subrule (F).

Notice, release, and detention

If the respondent denies the allegations, subrule (C) requires notice to the prosecuting attorney and to the respondent, any attorney, and the parents, guardian, or custodian, by personal service or ordinary mail at least 7 days before the violation hearing, or at least 24 hours before it if the respondent is detained. Subrule (D) covers a respondent who was notified and fails to appear, allowing an apprehension order under MCR 3.983(D), with detention or jail pending a hearing on that order depending on whether the respondent is under 17 or is 17.

Release under subrule (E) is to a parent, guardian, or custodian with conditions, after the court weighs nine listed considerations running from family ties and the minor's record of appearance to the violent nature of the alleged violation, the minor's character and mental condition, and the likelihood of retaliation. Bail procedure follows MCR 3.935(F). Detention under subrule (F) requires probable cause plus one of three findings. The probable cause finding may rest on hearsay that possesses adequate guarantees of trustworthiness, and a detained minor must be placed in the least restrictive environment that will meet the needs of the minor and the public and conforms to MCL 712A.15 and 712A.16. Subrule (G) requires the court to state the reasons for its decision to release or detain the minor on the record or in a written memorandum.

Frequently Asked Questions

How soon must the preliminary hearing start?

If the respondent is taken into court custody or jailed after an apprehension or arrest, no later than 24 hours later, excluding Sundays and holidays as defined in MCR 8.110(D)(2), or the minor must be released. In every other case the hearing commences as soon as practicable after the apprehension or arrest or the submission of the supplemental petition.

Can the preliminary hearing be adjourned?

Yes, for up to 14 days under subrule (A)(2), to secure the attendance of witnesses or of the minor's parent, guardian, or custodian, or for other good cause shown.

Can the hearing go forward without a parent present?

Subrule (B)(1) permits it provided a guardian ad litem or attorney appears with the minor.

When may the court detain the minor pending the violation hearing?

Under subrule (F)(1), only if probable cause exists to believe the minor violated the order and the court finds a substantial likelihood of retaliation or continued violation, a substantial likelihood that the minor would fail to appear at the next proceeding if released to the parent, or that detention is otherwise specifically authorized by law. Under subrule (F)(2), a minor respondent in custody may waive the probable cause phase of that determination only if represented by an attorney.

How much notice of the violation hearing is required?

Notice by personal service or ordinary mail at least 7 days before the violation hearing, unless the respondent is detained, in which case it must be served at least 24 hours before the hearing.

What happens if the respondent does not show up for the preliminary hearing?

Subrule (D) lets the court issue an apprehension order under MCR 3.983(D). A respondent under 17 may be detained pending a hearing on that order, and bond may be set on release. A respondent who is 17 may be confined to jail pending that hearing, and bond must be set on release.

Source & verification. Rule text reproduced verbatim from the Michigan Court Rules, Chapter 3 (Special Proceedings and Actions), as published by the Michigan State Court Administrative Office, current through September 1, 2026. Promulgated by the Supreme Court of Michigan (Mich. Const. 1963, art. VI, § 5). Last verified September 5, 2026. · Official text

Also known as: preliminary hearing minor ppo24 hour hearing juvenileadvice of rights minordetention pending violation hearingprobable cause minor pporelease to parent conditions