13.7​Initiation of Proceedings to Enforce a Minor PPO¹⁰

A.​Supplemental Petition

Requests for court action to enforce a minor PPO should be in writing by way of a supplemental petition containing a specific description of the facts constituting the alleged violation. MCR 3.983(A). The supplemental petition may be submitted by the original petitioner, a law enforcement officer, a prosecuting attorney, a probation officer, or a caseworker. Id. 

Upon receipt of the supplemental petition, the court must either:

•​schedule a preliminary hearing on the petition as soon as practicable, and issue a summons to appear; or

•​issue an apprehension order against the respondent. MCR 3.983(B)(1)-(2).

B.​Notice of Preliminary Hearing¹¹

If, under MCR 3.983(B)(1), the court sets a date for a preliminary hearing, the petitioner must serve a copy of the supplemental petition and a summons on the respondent and, if the relevant addresses are known or easily ascertainable upon diligent inquiry, on the respondent’s parent(s), guardian, or custodian. MCR 3.983(C). See also MCR 3.920(B)(2)(c) (requiring a summons to be served on a minor respondent and his or her parent[s], guardian, or custodian, if their whereabouts are known). Service must be made at least seven days before the preliminary hearing, in the manner provided in MCR 3.920.¹² MCR 3.983(C).

C.​Apprehension of the Respondent

1.​Generally

“The court must designate a judge, referee or other person who may be contacted by the officer taking a minor under 17 into custody when the court is not open. In each county there must be a designated facility open at all times at which an officer may obtain the name of the person to be contacted for permission to detain the minor pending preliminary hearing.” MCR 3.984(D).

While awaiting appearance in court or the arrival of the parent(s), guardian, or custodian, a minor respondent under 17 years of age must be maintained separately from adult prisoners to prevent any verbal, visual, or physical contact with an adult prisoner. MCR 3.984(C).

If a respondent is apprehended for an alleged violation of a minor PPO in a jurisdiction other than the one in which the PPO was issued, the apprehending jurisdiction may notify the issuing jurisdiction that it may request the respondent’s return to the issuing jurisdiction for enforcement proceedings. MCR 3.984(E). If notification is not made at this time, the apprehending jurisdiction must make this notification immediately following the preliminary hearing. MCR 3.985(H).

MCR 3.984(E) does not specify which agency within the apprehending jurisdiction is responsible for providing notice after a minor respondent is apprehended and before a preliminary hearing is held. However, once the preliminary hearing has been held, MCL 764.15b(6) places this responsibility upon the court. In addition, MCR 3.984(E) and MCR 3.985(H) make no mention of which jurisdiction bears the costs of transportation if the issuing jurisdiction requests the respondent’s return from the jurisdiction where he or she was apprehended. However, MCL 764.15b(6) states that where notice to the issuing jurisdiction is provided by the court in the county where the minor was apprehended and his or her preliminary hearing was conducted, the jurisdiction requesting the minor’s transport bears this expense.

2.​Apprehension With a Court Order

MCL 712A.2c authorizes a court to issue an apprehension order for a minor who allegedly violates a PPO:

“The court may issue an order authorizing a peace officer or other person designated by the court to apprehend a juvenile who is . . . alleged to have violated a personal protection order issued under [MCL 712A.2(h)][] or is alleged to have violated a valid foreign protection order. The order shall set forth specifically the identity of the juvenile sought and the house, building, or other location or place where there is probable cause to believe the juvenile is to be found. A person who interferes with the lawful attempt to execute an order issued under this section is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $100.00, or both.” See also MCR 3.983(B)(2).

If the court issues an apprehension order against the respondent, the order may include authorization to:

“(a) enter specified premises as required to bring the minor before the court, and

“(b) detain the minor pending preliminary hearing if it appears there is a substantial likelihood of retaliation or continued violation.” MCR 3.983(D)(1).

If an officer apprehends a minor respondent under a court order requiring that the minor be brought directly to court, the officer must immediately do the following:

•​Inform the minor respondent’s parent(s), guardian, or custodian (if their whereabouts are known) of the respondent’s apprehension and whereabouts, and of the need for the minor’s parent(s), guardian, or custodian to be present at the preliminary hearing. MCR 3.984(B)(1).

•​Take the respondent before the court for a preliminary hearing, or to a court-designated location pending the scheduling of a preliminary hearing. MCR 3.984(B)(2).

•​Prepare a custody statement for submission to the court. The statement must include (1) the grounds for detaining the minor and the time and location of his or her detention, and (2) the names of the persons notified and the times of their notification, or the reason that notification failed. MCR 3.984(B)(3).

•​Make sure that a supplemental petition is prepared, and that the petition is filed with the court. MCR 3.984(B)(4).

3.​Apprehension Without a Court Order

MCL 712A.14(1) authorizes apprehension of a minor respondent for an alleged violation of a PPO without a court order:

“Any local police officer, sheriff or deputy sheriff, state police officer, county agent or probation officer of any court of record may, without the order of the court, immediately take into custody any child . . . for whom there is reasonable cause to believe is violating or has violated a personal protection order issued under [MCL 712A.2(h)] by the court under . . . MCL 600.2950 [or] MCL 600.2950a, or for whom there is reasonable cause to believe is violating or has violated a valid foreign protection order.”

When responding to an alleged violation of a PPO where a respondent has not been served with the PPO, MCL 600.2950(22) and MCL 600.2950a(22) require the responding law enforcement agency or officer to provide the respondent with a true copy of the PPO or “advise the [respondent about] the existence of the personal protection order, the specific conduct enjoined, the penalties for violating the order, and where the [respondent] may obtain a copy of the order.” Upon receiving notice, the respondent must immediately comply with the provisions of the PPO or be subject to arrest. MCL 600.2950(22); MCL 600.2950a(22). See Kampf v Kampf, 237 Mich App 377, 385 (1999) (“[A]lthough a PPO is effective at the time it is signed by a judge, a respondent can avoid arrest for a first violation if the respondent lacks notice and ceases the behavior that violates the order.”). Although MCL 712A.14 (applicable to minor respondents who allegedly violate a PPO) does not mention the notice requirement, MCR 3.982(A) states that “[a] minor personal protection order is enforceable under MCL 600.2950(22), [MCL 600.2950](25), [MCL] 600.2950a(22), [MCL] 600.2950a(25), [MCL] 764.15b, and [MCL] 600.1701 et seq.” Therefore, it appears consistent with due process to apply the notice provisions of MCL 600.2950(22) and MCL 600.2950a(22) in cases involving minor respondents.

Once a minor respondent has been apprehended without a court order, the apprehending officer may warn and release the minor; release the minor to his or her parent, guardian, or custodian; or take the minor into custody. MCR 3.984(A); MCR 3.984(B).

In order to release the minor into the custody of his or her parent, guardian, or custodian, the officer must obtain a written promise from that person to bring the minor back to court. MCR 3.984(A). See also MCL 712A.14(1).

The minor may be taken into custody if the officer fails to obtain a written promise from the minor’s parent, guardian, or custodian, or if the officer believes “there is a substantial likelihood of retaliation or violation by the minor[.]” MCR 3.984(B). See also MCL 712A.15(2)(e). If the minor respondent is taken into custody, MCR 3.984(B) requires the officer to immediately do the following:

•​Inform the minor respondent’s parent(s), guardian, or custodian (if their whereabouts are known) of the respondent’s apprehension and whereabouts, and of the need for the minor’s parent(s), guardian, or custodian to be present at the preliminary hearing. MCR 3.984(B)(1).

•​Take the respondent before the court for a preliminary hearing, or to a court-designated location pending the scheduling of a preliminary hearing. MCR 3.984(B)(2).

•​Prepare a custody statement for submission to the court. The statement must include (1) the grounds for detaining the minor and the time and location of his or her detention, and (2) the names of the persons notified and the times of their notification, or the reason that notification failed. MCR 3.984(B)(3).

•​Make sure that a supplemental petition is prepared, and that the petition is filed with the court. MCR 3.984(B)(4).