2.5Jurisdiction of Minor PPO Proceedings¹

MCL 712A.2(h) states, in part:

“[The Family Division has j]urisdiction over a proceeding under . . . MCL 600.2950 [or MCL] 600.2950a[] in which a minor less than 18 years of age is the respondent, or a proceeding to enforce a valid foreign protection order issued against a respondent who is a minor less than 18 years of age. A personal protection order must not be issued against a respondent who is a minor less than 10 years of age.”

If the court exercises its jurisdiction under MCL 712A.2(h), jurisdiction continues until the order expires, regardless of the respondent’s age, but any action regarding a minor PPO after the respondent’s 18th birthday is no longer subject to the Juvenile Code. MCL 712A.2a(3).² 

MCL 764.15b(6) provides that the Family Division has jurisdiction to conduct contempt proceedings based upon a violation of a PPO:

“The family division of circuit court has jurisdiction to conduct contempt proceedings based upon a violation of a personal protection order issued under . . . [MCL 712A.2(h)][] by the family division of circuit court in any county of this state or a valid foreign protection order issued against a respondent who is less than 18 years of age at the time of the alleged violation of the foreign protection order in this state.”

Venue for the issuance of a minor PPO is proper in the county of residence of either the petitioner or respondent. MCL 712A.2(h); MCR 3.703(E)(2). If the respondent does not live in Michigan, venue for the issuance of a minor PPO is proper in the petitioner’s county of residence. MCL 712A.2(h); MCR 3.703(E)(2). If a change of venue is ordered, “after the change of venue becomes effective, the transferee court has full jurisdiction of the action [under MCL 600.1653]; consequently, the transferor court has none” and may not “entertain any further proceedings[.]” Frankfurth v Detroit Med Ctr, 297 Mich App 654, 656, 658 (2012) (holding that “because the trial court had entered an order changing . . . venue, it lost jurisdiction to entertain . . . [the plaintiff’s] motion for reconsideration” of the trial court’s order changing venue).

When a minor allegedly violates a PPO and is apprehended in a county other than the county in which the PPO was issued, the apprehending jurisdiction may notify the issuing jurisdiction that it may request that the minor be returned to the issuing jurisdiction for enforcement proceedings. MCR 3.984(E); see also MCR 3.985(H).