20.3Appeals in Minor Personal Protection Order (PPO) Proceedings

MCR 3.709 provides:

“(A) Rules Applicable. Except as provided by this rule, appeals involving personal protection order matters must comply with subchapter 7.200. Appeals involving minor personal protection actions under the Juvenile Code must additionally comply with MCR 3.993.

(B) From Entry of Personal Protection Order.

(1) Either party has an appeal of right from

(a) an order granting or denying a personal protection order after a hearing under [MCR 3.705(B)(6)], or

(b) the ruling on respondent’s first motion to rescind or modify the order if an ex parte order was entered.

(2) Appeals of all other orders are by leave to appeal.

(C) From Finding After Violation Hearing.

(1) The respondent has an appeal of right from a sentence for criminal contempt entered after a contested hearing.

(2) All other appeals concerning violation proceedings are by application for leave.”

Generally, “an extension of a PPO by itself is normally only appealable by leave granted . . . .” In re SB, ___ Mich App ___, ___ (2024). However, if “the court clearly contemplate[s] the PPO’s extension as a condition of its sentence, respondent’s appeal of the extension is an appeal from respondent’s sentence for criminal contempt entered after the contested hearing, which would then be by right.” Id. at ___ (concluding MCR 3.708(H)(5), containing substantially similar language to the language in MCR 3.709(C)(1), permitted “the trial court to modify or extend the PPO sua sponte under its authority to impose ‘other conditions’ as part of sentencing in connection with a violation of the PPO”).