1.10​Summary of Minor Personal Protection Order Proceedings⁷²

Under MCL 712A.2(h), the Family Division has jurisdiction over respondents ages 10 through 17 in personal protection order (PPO) proceedings under both the “domestic relationship” PPO statute, MCL 600.2950, and the “non-domestic relationship” PPO statute, MCL 600.2950a. The “domestic relationship PPO” may be issued to protect the petitioner from “a spouse, a former spouse, an individual with whom he or she has had a child in common, an individual with whom he or she has or has had a dating relationship, or an individual residing or having resided in the same household as the petitioner[.]” MCL 600.2950(1). The “non-domestic PPO” protects victims of stalking, aggravated stalking, cyberstalking, and sexual assault; victims who have received obscene material under MCL 750.142; and individuals who have been placed in reasonable fear of sexual assault. MCL 600.2950a(1)-(2).

Issuance of a minor PPO is subject to the provisions of the Juvenile Code, MCL 600.2950(27); MCL 600.2950a(28), and Family Division jurisdiction continues until the PPO expires, even if the respondent reaches the age of 18 during that time, MCL 712A.2a(6). “Procedure for the issuance, dismissal, modification, or recision of minor personal protection orders” is governed by subchapter 3.700 of the Michigan Court Rules, which governs procedure related to PPOs with adult respondents. MCR 3.981; see also MCR 3.701(A). However, proceedings to enforce a minor PPO are governed by subchapter 3.900 of the Michigan Court Rules, unless the respondent is 18 years old or older at the time of the enforcement proceeding. MCR 3.701(A); MCR 3.708(A)(2); MCR 3.982(B). Proceedings to enforce a minor PPO “still in effect when the respondent is 18 or older” are governed by MCR 3.708, MCR 3.708(A)(2), and “action regarding the personal protection order after the respondent’s eighteenth birthday is not subject to [the Juvenile Code][,]” MCL 712A.2a(6).

Court action to enforce a PPO against a respondent under age 18 is initiated by a supplemental petition that may be filed by the original petitioner, a law enforcement officer, a prosecuting attorney, a probation officer, or a caseworker. MCL 712A.2c; MCR 3.983(A). Upon receipt of a supplemental petition, the court must either set a date for a preliminary hearing and issue a summons to appear, or issue an apprehension order. MCR 3.983(B)(1)-(2). If there is “reasonable cause to believe” a respondent “is violating or has violated” a minor PPO, a law enforcement officer may apprehend the respondent without a court order. MCL 712A.14(1); see also MCR 3.984(A)-(B). In that case, the officer is responsible for ensuring that a supplemental petition is prepared and filed with the Family Division. MCR 3.984(B)(4).

Respondents in minor PPO actions are subject to the contempt powers of the court. See MCL 712A.26, which provides that “[t]he court shall have the power to punish for contempt of court under . . . MCL 600.1701 to [MCL] 600.1745[] any person who willfully violates, neglects, or refuses to obey and perform any order or process the court has made or issued to enforce [the Juvenile Code].”⁷³ 

If a respondent who is 17 years of age or older pleads or is found guilty of criminal contempt they must be sanctioned accordingly. MCL 600.2950(23); MCR 3.988(D)(1).⁷⁴ A respondent “not less than age 17” who violates a PPO may be imprisoned in a county jail within the adult prisoner population. MCL 712A.18(1)(e). Additionally, if a respondent age 17 years or older pleads or is found guilty of civil contempt, the court must “impose a fine or imprisonment as specified in MCL 600.1715 and [MCL] 600.1721[.]” MCR 3.988(D)(2)(a).

A respondent who is under 17 years of age and who violates a minor PPO is subject to a juvenile disposition under MCL 712A.18.⁷⁵ MCL 600.2950(23); MCL 600.2950a(23); see also MCR 3.988(D)(2)(b) (requiring the court to subject a respondent under age 17 to the dispositional alternatives listed in MCL 712A.18 if the respondent “pleads or is found guilty of civil contempt”).