Bill Text: MI SB0734 | 2009-2010 | 95th Legislature | Introduced

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Bill Title: Civil procedure; personal protection orders; minors; allow to apply for a PPO without a next friend. Amends secs. 2950 & 2950a of 1961 PA 236 (MCL 600.2950 & 600.2950a).

Spectrum: Partisan Bill (Democrat 12-0)

Status: (Introduced - Dead) 2009-08-18 - Referred To Committee On Judiciary [SB0734 Detail]

Download: Michigan-2009-SB0734-Introduced.html

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SENATE BILL No. 734

 

 

August 18, 2009, Introduced by Senators WHITMER, CLARKE, CHERRY, GLEASON, SWITALSKI, BRATER, PRUSI, JACOBS, HUNTER, SCOTT, CLARK-COLEMAN and THOMAS and referred to the Committee on Judiciary.

 

 

 

     A bill to amend 1961 PA 236, entitled

 

"Revised judicature act of 1961,"

 

by amending sections 2950 and 2950a (MCL 600.2950 and 600.2950a),

 

section 2950 as amended by 2001 PA 200 and section 2950a as amended

 

by 2001 PA 201.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 2950. (1) Except as provided in subsections (27) and

 

(28), by commencing an independent action to obtain relief under

 

this section, by joining a claim to an action, or by filing a

 

motion in an action in which the petitioner and the individual to

 

be restrained or enjoined are parties, an individual may petition

 

the family division of circuit court to enter a personal protection

 

order to restrain or enjoin 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 from doing 1 or more of the

 

following:

 

     (a) Entering onto premises.

 

     (b) Assaulting, attacking, beating, molesting, or wounding a

 

named individual.

 

     (c) Threatening to kill or physically injure a named

 

individual.

 

     (d) Removing minor children from the individual having legal

 

custody of the children, except as otherwise authorized by a

 

custody or parenting time order issued by a court of competent

 

jurisdiction.

 

     (e) Purchasing or possessing a firearm.

 

     (f) Interfering with petitioner's efforts to remove

 

petitioner's children or personal property from premises that are

 

solely owned or leased by the individual to be restrained or

 

enjoined.

 

     (g) Interfering with petitioner at petitioner's place of

 

employment or education or engaging in conduct that impairs

 

petitioner's employment or educational relationship or environment.

 

     (h) Having access to information in records concerning a minor

 

child of both petitioner and respondent that will inform respondent

 

about the address or telephone number of petitioner and

 

petitioner's minor child or about petitioner's employment address.

 

     (i) Engaging in conduct that is prohibited under section 411h

 

or 411i of the Michigan penal code, 1931 PA 328, MCL 750.411h and

 

750.411i.

 

     (j) Any other specific act or conduct that imposes upon or

 

interferes with personal liberty or that causes a reasonable

 

apprehension of violence.

 

     (2) If the respondent is a person who is issued a license to

 

carry a concealed weapon and is required to carry a weapon as a

 

condition of his or her employment, a police officer certified by

 

the commission on law enforcement standards act, 1965 PA 203, MCL

 

28.601 to 28.616, a sheriff, a deputy sheriff or a member of the

 

Michigan department of state police, a local corrections officer,

 

department of corrections employee, or a federal law enforcement

 

officer who carries a firearm during the normal course of his or

 

her employment, the petitioner shall notify the court of the

 

respondent's occupation prior to the issuance of the personal

 

protection order. This subsection does not apply to a petitioner

 

who does not know the respondent's occupation.

 

     (3) A petitioner may omit his or her address of residence from

 

documents filed with the court under this section. If a petitioner

 

omits his or her address of residence, the petitioner shall provide

 

the court with a mailing address.

 

     (4) The court shall issue a personal protection order under

 

this section if the court determines that there is reasonable cause

 

to believe that the individual to be restrained or enjoined may

 

commit 1 or more of the acts listed in subsection (1). In

 

determining whether reasonable cause exists, the court shall

 

consider all of the following:

 

     (a) Testimony, documents, or other evidence offered in support

 

of the request for a personal protection order.

 

     (b) Whether the individual to be restrained or enjoined has

 

previously committed or threatened to commit 1 or more of the acts

 

listed in subsection (1).

 

     (5) A court shall not issue a personal protection order that

 

restrains or enjoins conduct described in subsection (1)(a) if all

 

of the following apply:

 

     (a) The individual to be restrained or enjoined is not the

 

spouse of the moving party.

 

     (b) The individual to be restrained or enjoined or the parent,

 

guardian, or custodian of the minor to be restrained or enjoined

 

has a property interest in the premises.

 

     (c) The moving party or the parent, guardian, or custodian of

 

a minor petitioner has no property interest in the premises.

 

     (6) A court shall not refuse to issue a personal protection

 

order solely due to the absence of any of the following:

 

     (a) A police report.

 

     (b) A medical report.

 

     (c) A report or finding of an administrative agency.

 

     (d) Physical signs of abuse or violence.

 

     (7) If the court refuses to grant a personal protection order,

 

it shall state immediately in writing the specific reasons it

 

refused to issue a personal protection order. If a hearing is held,

 

the court shall also immediately state on the record the specific

 

reasons it refuses to issue a personal protection order.

 

     (8) A personal protection order shall not be made mutual.

 

Correlative separate personal protection orders are prohibited

 

unless both parties have properly petitioned the court pursuant to

 

under subsection (1).

 

     (9) A personal protection order is effective and immediately

 

enforceable anywhere in this state when signed by a judge. Upon

 

service, a personal protection order may also be enforced by

 

another state, an Indian tribe, or a territory of the United

 

States.

 

     (10) The court shall designate the law enforcement agency that

 

is responsible for entering the personal protection order into the

 

law enforcement information network as provided by the L.E.I.N.

 

C.J.I.S. policy council act, of 1974, 1974 PA 163, MCL 28.211 to

 

28.216 28.215.

 

     (11) A personal protection order shall include all of the

 

following, and to the extent practicable the following shall be

 

contained in a single form:

 

     (a) A statement that the personal protection order has been

 

entered to restrain or enjoin conduct listed in the order and that

 

violation of the personal protection order will subject the

 

individual restrained or enjoined to 1 or more of the following:

 

     (i) If the respondent is 17 years of age or more, immediate

 

arrest and the civil and criminal contempt powers of the court, and

 

that if he or she is found guilty of criminal contempt, he or she

 

shall be imprisoned for not more than 93 days and may be fined not

 

more than $500.00.

 

     (ii) If the respondent is less than 17 years of age, immediate

 

apprehension or being taken into custody, and subject to the

 

dispositional alternatives listed in section 18 of chapter XIIA of

 

the probate code of 1939, 1939 PA 288, MCL 712A.18.

 

     (iii) If the respondent violates the personal protection order

 

in a jurisdiction other than this state, the respondent is subject

 

to the enforcement procedures and penalties of the state, Indian

 

tribe, or United States territory under whose jurisdiction the

 

violation occurred.

 

     (b) A statement that the personal protection order is

 

effective and immediately enforceable anywhere in this state when

 

signed by a judge, and that, upon service, a personal protection

 

order also may be enforced by another state, an Indian tribe, or a

 

territory of the United States.

 

     (c) A statement listing the type or types of conduct enjoined.

 

     (d) An expiration date stated clearly on the face of the

 

order.

 

     (e) A statement that the personal protection order is

 

enforceable anywhere in Michigan by any law enforcement agency.

 

     (f) The law enforcement agency designated by the court to

 

enter the personal protection order into the law enforcement

 

information network.

 

     (g) For ex parte orders, a statement that the individual

 

restrained or enjoined may file a motion to modify or rescind the

 

personal protection order and request a hearing within 14 days

 

after the individual restrained or enjoined has been served or has

 

received actual notice of the order and that motion forms and

 

filing instructions are available from the clerk of the court.

 

     (12) An ex parte personal protection order shall be issued and

 

effective without written or oral notice to the individual

 

restrained or enjoined or his or her attorney if it clearly appears

 

from specific facts shown by verified complaint, written motion, or

 

affidavit that immediate and irreparable injury, loss, or damage

 

will result from the delay required to effectuate notice or that

 

the notice will itself precipitate adverse action before a personal

 

protection order can be issued.

 

     (13) A personal protection order issued under subsection (12)

 

is valid for not less than 182 days. The individual restrained or

 

enjoined may file a motion to modify or rescind the personal

 

protection order and request a hearing under the Michigan court

 

rules. The motion to modify or rescind the personal protection

 

order shall be filed within 14 days after the order is served or

 

after the individual restrained or enjoined has received actual

 

notice of the personal protection order unless good cause is shown

 

for filing the motion after the 14 days have elapsed.

 

     (14) Except as otherwise provided in this subsection, the

 

court shall schedule a hearing on the motion to modify or rescind

 

the ex parte personal protection order within 14 days after the

 

filing of the motion to modify or rescind. If the respondent is a

 

person described in subsection (2) and the personal protection

 

order prohibits him or her from purchasing or possessing a firearm,

 

the court shall schedule a hearing on the motion to modify or

 

rescind the ex parte personal protection order within 5 days after

 

the filing of the motion to modify or rescind.

 

     (15) The clerk of the court that issues a personal protection

 

order shall do all of the following immediately upon issuance and

 

without requiring a proof of service on the individual restrained

 

or enjoined:

 

     (a) File a true copy of the personal protection order with the

 

law enforcement agency designated by the court in the personal

 

protection order.

 

     (b) Provide the petitioner with not less than 2 true copies of

 

the personal protection order.

 

     (c) If respondent is identified in the pleadings as a law

 

enforcement officer, notify the officer's employing law enforcement

 

agency, if known, about the existence of the personal protection

 

order.

 

     (d) If the personal protection order prohibits respondent from

 

purchasing or possessing a firearm, notify the concealed weapon

 

licensing board in respondent's county of residence about the

 

existence and contents of the personal protection order.

 

     (e) If the respondent is identified in the pleadings as a

 

department of corrections employee, notify the state department of

 

corrections about the existence of the personal protection order.

 

     (f) If the respondent is identified in the pleadings as being

 

a person who may have access to information concerning the

 

petitioner or a child of the petitioner or respondent and that

 

information is contained in friend of the court records, notify the

 

friend of the court for the county in which the information is

 

located about the existence of the personal protection order.

 

     (16) The clerk of the court shall inform the petitioner that

 

he or she may take a true copy of the personal protection order to

 

the law enforcement agency designated by the court in subsection

 

(10) to be immediately entered into the law enforcement information

 

network.

 

     (17) The law enforcement agency that receives a true copy of

 

the personal protection order under subsection (15) or (16) shall

 

immediately and without requiring proof of service enter the

 

personal protection order into the law enforcement information

 

network as provided by the L.E.I.N. C.J.I.S. policy council act, of

 

1974, 1974 PA 163, MCL 28.211 to 28.216 28.215.

 

     (18) A personal protection order issued under this section

 

shall be served personally or by registered or certified mail,

 

return receipt requested, delivery restricted to the addressee at

 

the last known address or addresses of the individual restrained or

 

enjoined or by any other manner provided in the Michigan court

 

rules. If the individual restrained or enjoined has not been

 

served, a law enforcement officer or clerk of the court who knows

 

that a personal protection order exists may, at any time, serve the

 

individual restrained or enjoined with a true copy of the order or

 

advise the individual restrained or enjoined about the existence of

 

the personal protection order, the specific conduct enjoined, the

 

penalties for violating the order, and where the individual

 

restrained or enjoined may obtain a copy of the order. If the

 

respondent is less than 18 years of age, the parent, guardian, or

 

custodian of that individual shall also be served personally or by

 

registered or certified mail, return receipt requested, delivery

 

restricted to the addressee at the last known address or addresses

 

of the parent, guardian, or custodian of the individual restrained

 

or enjoined. A proof of service or proof of oral notice shall be

 

filed with the clerk of the court issuing the personal protection

 

order. This subsection does not prohibit the immediate

 

effectiveness of a personal protection order or its immediate

 

enforcement under subsections (21) and (22).

 

     (19) The clerk of the court shall immediately notify the law

 

enforcement agency that received the personal protection order

 

under subsection (15) or (16) if either of the following occurs:

 

     (a) The clerk of the court has received proof that the

 

individual restrained or enjoined has been served.

 

     (b) The personal protection order is rescinded, modified, or

 

extended by court order.

 

     (20) The law enforcement agency that receives information

 

under subsection (19) shall enter the information or cause the

 

information to be entered into the law enforcement information

 

network as provided by the L.E.I.N. C.J.I.S. policy council act, of

 

1974, 1974 PA 163, MCL 28.211 to 28.216 28.215.

 

     (21) Subject to subsection (22), a personal protection order

 

is immediately enforceable anywhere in this state by any law

 

enforcement agency that has received a true copy of the order, is

 

shown a copy of it, or has verified its existence on the law

 

enforcement information network as provided by the L.E.I.N.

 

C.J.I.S. policy council act, of 1974, 1974 PA 163, MCL 28.211 to

 

28.216 28.215.

 

     (22) If the individual restrained or enjoined has not been

 

served, the law enforcement agency or officer responding to a call

 

alleging a violation of a personal protection order shall serve the

 

individual restrained or enjoined with a true copy of the order or

 

advise the individual restrained or enjoined about the existence of

 

the personal protection order, the specific conduct enjoined, the

 

penalties for violating the order, and where the individual

 

restrained or enjoined may obtain a copy of the order. The law

 

enforcement officer shall enforce the personal protection order and

 

immediately enter or cause to be entered into the law enforcement

 

information network that the individual restrained or enjoined has

 

actual notice of the personal protection order. The law enforcement

 

officer also shall file a proof of service or proof of oral notice

 

with the clerk of the court issuing the personal protection order.

 

If the individual restrained or enjoined has not received notice of

 

the personal protection order, the individual restrained or

 

enjoined shall be given an opportunity to comply with the personal

 

protection order before the law enforcement officer makes a

 

custodial arrest for violation of the personal protection order.

 

The failure to immediately comply with the personal protection

 

order shall be is grounds for an immediate custodial arrest. This

 

subsection does not preclude an arrest under section 15 or 15a of

 

chapter IV of the code of criminal procedure, 1927 PA 175, MCL

 

764.15 and 764.15a, or a proceeding under section 14 of chapter

 

XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.14.

 

     (23) An individual who is 17 years of age or more and who

 

refuses or fails to comply with a personal protection order under

 

this section is subject to the criminal contempt powers of the

 

court and, if found guilty, shall be imprisoned for not more than

 

93 days and may be fined not more than $500.00. An individual who

 

is less than 17 years of age and who refuses or fails to comply

 

with a personal protection order issued under this section is

 

subject to the dispositional alternatives listed in section 18 of

 

chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.18.

 

The criminal penalty provided for under this section may be imposed

 

in addition to a penalty that may be imposed for another criminal

 

offense arising from the same conduct.

 

     (24) An individual who knowingly and intentionally makes a

 

false statement to the court in support of his or her petition for

 

a personal protection order is subject to the contempt powers of

 

the court.

 

     (25) A personal protection order issued under this section is

 

also enforceable under chapter XIIA of the probate code of 1939,

 

1939 PA 288, MCL 712A.1 to 712A.32, and section 15b of chapter IV

 

of the code of criminal procedure, 1927 PA 175, MCL 764.15b.

 

     (26) A personal protection order issued under this section is

 

also enforceable under chapter 17.

 

     (27) A court shall not issue a personal protection order that

 

restrains or enjoins conduct described in subsection (1) if any of

 

the following apply:

 

     (a) The respondent is the unemancipated minor child of the

 

petitioner.

 

     (b) The petitioner is the unemancipated minor child of the

 

respondent.

 

     (c) The respondent is a minor child less than 10 years of age.

 

     (28) If the respondent is less than 18 years of age, issuance

 

of a personal protection order under this section is subject to

 

chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.1

 

to 712A.32.

 

     (29) A personal protection order that is issued prior to the

 

effective date of the amendatory act that added this subsection

 

before March 1, 1999 is not invalid on the ground that it does not

 

comply with 1 or more of the requirements added by this amendatory

 

act 1998 PA 477.

 

     (30) If the petitioner for a personal protection order under

 

this section is a minor 12 years of age or older, the petitioner

 

may proceed under this section without a next friend.

 

     (31) (30) As used in this section:

 

     (a) "Dating relationship" means frequent, intimate

 

associations primarily characterized by the expectation of

 

affectional involvement. This term does not include a casual

 

relationship or an ordinary fraternization between 2 individuals in

 

a business or social context.

 

     (b) "Federal law enforcement officer" means an officer or

 

agent employed by a law enforcement agency of the United States

 

government whose primary responsibility is the enforcement of laws

 

of the United States.

 

     (c) "Personal protection order" means an injunctive order

 

issued by the circuit court or the family division of circuit court

 

restraining or enjoining activity and individuals listed in

 

subsection (1).

 

     Sec. 2950a. (1) Except as provided in subsections (25) and

 

(26) (28), by commencing an independent action to obtain relief

 

under this section, by joining a claim to an action, or by filing a

 

motion in an action in which the petitioner and the individual to

 

be restrained or enjoined are parties, an individual may petition

 

the family division of circuit court to enter a personal protection

 

order to restrain or enjoin an individual from engaging in conduct

 

that is prohibited under section 411h or 411i of the Michigan penal

 

code, 1931 PA 328, MCL 750.411h and 750.411i. Relief under this

 

subsection shall not be granted unless the petition alleges facts

 

that constitute stalking as defined in section 411h or 411i of the

 

Michigan penal code, 1931 PA 328, MCL 750.411h and 750.411i. Relief

 

may be sought and granted under this section whether or not the

 

individual to be restrained or enjoined has been charged or

 

convicted under section 411h or 411i of the Michigan penal code,

 

1931 PA 328, MCL 750.411h and 750.411i, for the alleged violation.

 

     (2) If the respondent to a petition under this section is a

 

person who is issued a license to carry a concealed weapon and is

 

required to carry a weapon as a condition of his or her employment,

 

a police officer certified by the commission on law enforcement

 

standards act, 1965 PA 203, MCL 28.601 to 28.616, a sheriff, a

 

deputy sheriff or a member of the Michigan department of state

 

police, a local corrections officer, a department of corrections

 

employee, or a federal law enforcement officer who carries a

 

firearm during the normal course of his or her employment, the

 

petitioner shall notify the court of the respondent's occupation

 

prior to the issuance of before the personal protection order is

 

issued. This subsection does not apply to a petitioner who does not

 

know the respondent's occupation.

 

     (3) A petitioner may omit his or her address of residence from

 

documents filed with the court under this section. If a petitioner

 

omits his or her address of residence, the petitioner shall provide

 

the court a mailing address.

 

     (4) If a court issues or refuses to grant issue a personal

 

protection order, the court shall immediately state in writing the

 

specific reasons for issuing or refusing to issue a the personal

 

protection order. If a hearing is held, the court shall also

 

immediately state on the record the specific reasons for issuing or

 

refusing to issue a personal protection order.

 

     (5) A personal protection order shall not be made mutual.

 

Correlative separate personal protection orders are prohibited

 

unless both parties have properly petitioned the court according to

 

under subsection (1).

 

     (6) A personal protection order is effective and immediately

 

enforceable anywhere in this state when signed by a judge. Upon

 

service, a personal protection order also may be enforced by

 

another state, an Indian tribe, or a territory of the United

 

States.

 

     (7) The court shall designate the law enforcement agency that

 

is responsible for entering the personal protection order into the

 

L.E.I.N.

 

     (8) A personal protection order issued under this section

 

shall include all of the following, and to the extent practicable

 

contained in a single form:

 

     (a) A statement that the personal protection order has been

 

entered to enjoin or restrain conduct listed in the order and that

 

violation of the personal protection order will subject the

 

individual restrained or enjoined to 1 or more of the following:

 

     (i) If the respondent is 17 years of age or more older,

 

immediate arrest and the civil and criminal contempt powers of the

 

court, and that if he or she is found guilty of criminal contempt,

 

he or she shall be imprisoned imprisonment for not more than 93

 

days and may be fined a fine of not more than $500.00.

 

     (ii) If the respondent is less than 17 years of age, to

 

immediate apprehension or being taken into custody , and subject to

 

the dispositional alternatives listed in section 18 of chapter XIIA

 

of the probate code of 1939, 1939 PA 288, MCL 712A.18.

 

     (iii) If the respondent violates the personal protection order

 

in a jurisdiction other than this state, the respondent is subject

 

to the enforcement procedures and penalties of the state, Indian

 

tribe, or United States territory under whose jurisdiction the

 

violation occurred.

 

     (b) A statement that the personal protection order is

 

effective and immediately enforceable anywhere in this state when

 

signed by a judge, and that upon service, a personal protection

 

order also may be enforced by another state, an Indian tribe, or a

 

territory of the United States.

 

     (c) A statement listing each type of conduct enjoined.

 

     (d) An expiration date stated clearly on the face of the

 

order.

 

     (e) A statement that the personal protection order is

 

enforceable anywhere in Michigan by any law enforcement agency.

 

     (f) The law enforcement agency designated by the court to

 

enter the personal protection order into the L.E.I.N.

 

     (g) For an ex parte order, a statement that the individual

 

restrained or enjoined may file a motion to modify or rescind the

 

personal protection order and request a hearing within 14 days

 

after the individual restrained or enjoined has been served or has

 

received is served or receives actual notice of the personal

 

protection order and that motion forms and filing instructions are

 

available from the clerk of the court.

 

     (9) An ex parte personal protection order shall not be issued

 

and effective without written or oral notice to the individual

 

enjoined or his or her attorney unless it clearly appears from

 

specific facts shown by verified complaint, written motion, or

 

affidavit that immediate and irreparable injury, loss, or damage

 

will result from the delay required to effectuate notice or that

 

the notice will precipitate adverse action before a personal

 

protection order can be issued.

 

     (10) A personal protection order issued under subsection (9)

 

is valid for not less than 182 days. The individual restrained or

 

enjoined may file a motion to modify or rescind the personal

 

protection order and request a hearing under the Michigan court

 

rules. The motion to modify or rescind the personal protection

 

order shall be filed within 14 days after the order is served or

 

after the individual restrained or enjoined has received receives

 

actual notice of the personal protection order unless good cause is

 

shown for filing the motion after 14 days have elapsed.

 

     (11) Except as otherwise provided in this subsection, the

 

court shall schedule a hearing on the motion to modify or rescind

 

the ex parte personal protection order within 14 days after the

 

filing of the motion to modify or rescind is filed. If the

 

respondent is a person described in subsection (2) and the personal

 

protection order prohibits him or her from purchasing or possessing

 

a firearm, the court shall schedule a hearing on the motion to

 

modify or rescind the ex parte personal protection order within 5

 

days after the filing of the motion to modify or rescind is filed.

 

     (12) The clerk of the court that issues a personal protection

 

order shall do all of the following immediately upon issuance

 

without requiring proof of service on the individual restrained or

 

enjoined:

 

     (a) File a true copy of the personal protection order with the

 

law enforcement agency designated by the court in the personal

 

protection order.

 

     (b) Provide the petitioner with not less than 2 or more true

 

copies of the personal protection order.

 

     (c) If respondent the individual restrained or enjoined is

 

identified in the pleadings as a law enforcement officer, notify

 

the officer's employing law enforcement agency about of the

 

existence of the personal protection order.

 

     (d) If the personal protection order prohibits the respondent

 

individual restrained or enjoined from purchasing or possessing a

 

firearm, notify the concealed weapon licensing board in

 

respondent's the individual's county of residence about of the

 

existence and content of the personal protection order.

 

     (e) If the respondent individual restrained or enjoined is

 

identified in the pleadings as a department of corrections

 

employee, notify the state department of corrections about of the

 

existence of the personal protection order.

 

     (f) If the respondent individual restrained or enjoined is

 

identified in the pleadings as being a person who may have access

 

to information concerning the petitioner or a child of the

 

petitioner or respondent individual and that information is

 

contained in friend of the court records, notify the friend of the

 

court for the county in which the information is located about of

 

the existence of the personal protection order.

 

     (13) The clerk of the a court that issues a personal

 

protection order shall inform the petitioner that he or she may

 

take a true copy of the personal protection order to the law

 

enforcement agency designated by the court in under subsection (7)

 

to be immediately entered into the L.E.I.N.

 

     (14) The law enforcement agency that receives a true copy of

 

the a personal protection order under subsection (12) or (13) shall

 

immediately, without requiring proof of service, enter the personal

 

protection order into the L.E.I.N.

 

     (15) A personal protection order issued under this section

 

shall be served personally, or by registered or certified mail,

 

return receipt requested, delivery restricted to the addressee at

 

the last known address or addresses of the individual restrained or

 

enjoined or by any other manner provided in method allowed by the

 

Michigan court rules. If the individual restrained or enjoined has

 

not been served, a law enforcement officer or clerk of the court

 

who knows that a personal protection order exists may, at any time,

 

serve the individual restrained or enjoined with a true copy of the

 

order or advise the individual restrained or enjoined about of the

 

existence of the personal protection order, the specific conduct

 

enjoined, the penalties for violating the order, and where the

 

individual restrained or enjoined may obtain a copy of the order.

 

If the respondent individual restrained or enjoined is less than 18

 

years of age, the parent, guardian, or custodian of that the

 

individual shall also be served personally or by registered or

 

certified mail, return receipt requested, delivery restricted to

 

the addressee at the last known address or addresses of the parent,

 

guardian, or custodian. of the individual restrained or enjoined. A

 

proof of service or proof of oral notice shall be filed with the

 

clerk of the court issuing the personal protection order. This

 

subsection does not prohibit the immediate effectiveness of a

 

personal protection order or immediate enforcement under subsection

 

(18) or (19).

 

     (16) The clerk of the court that issued a personal protection

 

order shall immediately notify the law enforcement agency that

 

received the personal protection order under subsection (12) or

 

(13) if either or both of the following occurs occur:

 

     (a) The clerk of the court has received receives proof that

 

the individual restrained or enjoined has been served.

 

     (b) The personal protection order is rescinded, modified, or

 

extended by court order.

 

     (17) The law enforcement agency that receives information

 

under subsection (16) shall enter the information or cause the

 

information to be entered into the L.E.I.N.

 

     (18) Subject to subsection (19), a personal protection order

 

is immediately enforceable anywhere in this state by any law

 

enforcement agency that has received a true copy of the order, is

 

shown a copy of it, or has verified its existence on the L.E.I.N.

 

     (19) If the individual restrained or enjoined by a personal

 

protection order has not been served, the a law enforcement agency

 

or officer responding to a call alleging a violation of a the

 

personal protection order shall serve the individual restrained or

 

enjoined with a true copy of the order or advise the individual

 

restrained or enjoined about of the existence of the personal

 

protection order, the specific conduct enjoined, the penalties for

 

violating the order, and where the individual restrained or

 

enjoined may obtain a copy of the order. The law enforcement

 

officer shall enforce the personal protection order and immediately

 

enter or cause to be entered into the L.E.I.N. that the individual

 

restrained or enjoined has actual notice of the personal protection

 

order. The law enforcement officer also shall file a proof of

 

service or proof of oral notice with the clerk of the court issuing

 

that issued the personal protection order. If the individual

 

restrained or enjoined has not received notice of the personal

 

protection order, the individual restrained or enjoined shall be

 

given an opportunity to comply with the personal protection order

 

before the law enforcement officer makes a custodial arrest for

 

violation of the personal protection order. Failure to immediately

 

comply with the personal protection order is grounds for an

 

immediate custodial arrest. This subsection does not preclude an

 

arrest under section 15 or 15a of chapter IV of the code of

 

criminal procedure, 1927 PA 175, MCL 764.15 and 764.15a, or a

 

proceeding under section 14 of chapter XIIA of the probate code of

 

1939, 1939 PA 288, MCL 712A.14.

 

     (20) An individual 17 years of age or more older who refuses

 

or fails to comply with a personal protection order issued under

 

this section is subject to the criminal contempt powers of the

 

court and, if found guilty of criminal contempt, shall be

 

imprisoned for not more than 93 days and may be fined not more than

 

$500.00. An individual less than 17 years of age who refuses or

 

fails to comply with a personal protection order issued under this

 

section is subject to the dispositional alternatives listed in

 

section 18 of chapter XIIA of the probate code of 1939, 1939 PA

 

288, MCL 712A.18. The criminal penalty provided for under this

 

section may be imposed in addition to any penalty that may be

 

imposed for any other criminal offense arising from the same

 

conduct.

 

     (21) An individual who knowingly and intentionally makes a

 

false statement to the a court in support of his or her petition

 

for a personal protection order is subject to the contempt powers

 

of the court.

 

     (22) A personal protection order issued under this section is

 

also enforceable under chapter XIIA of the probate code of 1939,

 

1939 PA 288, MCL 712A.1 to 712A.32, and section 15b of chapter IV

 

of the code of criminal procedure, 1927 PA 175, MCL 764.15b.

 

     (23) A personal protection order issued under this section may

 

enjoin or restrain an individual from purchasing or possessing a

 

firearm.

 

     (24) A personal protection order issued under this section is

 

also enforceable under chapter 17.

 

     (25) A court shall not issue a personal protection order that

 

restrains or enjoins conduct described in subsection (1) if any of

 

the following apply:

 

     (a) The respondent is the unemancipated minor child of the

 

petitioner.

 

     (b) The petitioner is the unemancipated minor child of the

 

respondent.

 

     (c) The respondent is a minor child less than 10 years of age.

 

     (26) If the respondent is less than 18 years of age old,

 

issuance of a personal protection order under this section is

 

subject to chapter XIIA of the probate code of 1939, 1939 PA 288,

 

MCL 712A.1 to 712A.32.

 

     (27) A personal protection order that is issued before March

 

1, 1999 is not invalid on the ground that it does not comply with 1

 

or more of the requirements added by 1998 PA 476.

 

     (28) A court shall not issue a personal protection order under

 

this section if the petitioner is a prisoner. If a personal

 

protection order is issued in violation of this subsection, a court

 

shall rescind the personal protection order upon notification and

 

verification that the petitioner is a prisoner.

 

     (29) If the petitioner for a personal protection order under

 

this section is a minor 12 years of age or older, the petitioner

 

may proceed under this section without a next friend.

 

     (30) (29) As used in this section:

 

     (a) "Federal law enforcement officer" means an officer or

 

agent employed by a law enforcement agency of the United States

 

government whose primary responsibility is the enforcement of laws

 

of the United States.

 

     (b) "L.E.I.N." means the law enforcement information network

 

administered under the L.E.I.N. C.J.I.S. policy council act, of

 

1974, 1974 PA 163, MCL 28.211 to 28.216 28.215.

 

     (c) "Personal protection order" means an injunctive order

 

issued by the circuit court or the family division of circuit court

 

restraining or enjoining conduct prohibited under section 411h or

 

411i of the Michigan penal code, 1931 PA 328, MCL 750.411h and

 

750.411i.

 

     (d) "Prisoner" means a person subject to incarceration,

 

detention, or admission to a prison who is accused of, convicted

 

of, sentenced for, or adjudicated delinquent for violations of

 

federal, state, or local law or the terms and conditions of parole,

 

probation, pretrial release, or a diversionary program.