Mich. Comp. Laws » Michigan Compiled Laws / Chapter 764 / Act 175 of 1927

Mich. Comp. Laws § 764.15b

Arrest without warrant for violation of personal protection order; answering to charge of contempt; hearing; bond; show cause order; jurisdiction to conduct contempt proceedings; prosecution of criminal contempt; prohibited actions by court; definitions.

Find cases: SyfertCases citing this section MI-LEGlegislature.mi.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

THE CODE OF CRIMINAL PROCEDURE


Act 175 of 1927


764.15b Arrest without warrant for violation of personal protection order; answering to charge of contempt; hearing; bond; show cause order; jurisdiction to conduct contempt proceedings; prosecution of criminal contempt; prohibited actions by court; definitions.

Sec. 15b.

    (1) A peace officer, without a warrant, may arrest and take into custody an individual when the peace officer has or receives positive information that another peace officer has reasonable cause to believe all of the following apply:

    (a) A personal protection order has been issued under section 2950 or 2950a of the revised judicature act of 1961, 1961 PA 236, MCL 600.2950 and 600.2950a, or is a valid foreign protection order.

    (b) The individual named in the personal protection order is violating or has violated the order. An individual is violating or has violated the order if that individual commits 1 or more of the following acts the order specifically restrains or enjoins the individual from committing:

    (i) Assaulting, attacking, beating, molesting, or wounding a named individual.

    (ii) Removing minor children from an 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.

    (iii) Entering onto premises.

    (iv) Engaging in conduct prohibited under section 411h or 411i of the Michigan penal code, 1931 PA 328, MCL 750.411h and 750.411i.

    (v) Threatening to kill or physically injure a named individual.

    (vi) Purchasing or possessing a firearm.

    (vii) 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.

    (viii) 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.

    (ix) Any other act or conduct specified by the court in the personal protection order.

    (c) If the personal protection order was issued under section 2950 or 2950a of the revised judicature act of 1961, 1961 PA 236, MCL 600.2950 and 600.2950a, the personal protection order states on its face that a violation of its terms subjects the individual to immediate arrest and either of the following:

    (i) If the individual restrained or enjoined is 18 years of age or older, to criminal contempt of court and, if found guilty of criminal contempt, to imprisonment for not more than 93 days and to a fine of not more than $500.00.

    (ii) If the individual restrained or enjoined is less than 18 years of age, to the dispositional alternatives listed in section 18 of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.18.

    (2) An individual arrested under this section must be brought before the family division of the circuit court having jurisdiction in the cause within 24 hours after arrest to answer to a charge of contempt for violating the personal protection order, at which time the court shall do each of the following:

    (a) Set a time certain for a hearing on the alleged violation of the personal protection order. The hearing must be held within 72 hours after arrest, unless extended by the court on the motion of the arrested individual or the prosecuting attorney.

    (b) Set a reasonable bond pending a hearing of the alleged violation of the personal protection order.

    (c) Notify the prosecuting attorney of the criminal contempt proceeding.

    (d) Notify the party who procured the personal protection order and his or her attorney of record, if any, and direct the party to appear at the hearing and give evidence on the charge of contempt.

    (3) In circuits in which the circuit court judge may not be present or available within 24 hours after arrest, an individual arrested under this section must be taken before the district court within 24 hours after arrest, at which time the district court shall set bond and order the defendant to appear before the family division of circuit court in the county for a hearing on the charge. If the district court will not be open within 24 hours after arrest, a judge or district court magistrate shall set bond and order the defendant to appear before the circuit court in the county for a hearing on the charge.

    (4) If a criminal contempt proceeding for violation of a personal protection order is not initiated by an arrest under this section but is initiated as a result of a show cause order or other process or proceedings, the court shall do all of the following:

    (a) Notify the party who procured the personal protection order and his or her attorney of record, if any, and direct the party to appear at the hearing and give evidence on the contempt charge.

    (b) Notify the prosecuting attorney of the criminal contempt proceeding.

    (5) The family division of circuit court in each county of this state has jurisdiction to conduct contempt proceedings based upon a violation of a personal protection order described in this section issued by the circuit court in any county of this state or upon a violation of a valid foreign protection order. The court of arraignment shall notify the court that issued the personal protection order or foreign protection order that the issuing court may request that the defendant be returned to that court for violating the personal protection order or foreign protection order. If the court that issued the personal protection order or foreign protection order requests that the defendant be returned to that court to stand trial, the county of the requesting court shall bear the cost of transporting the defendant to that county.

    (6) The family division of circuit court has jurisdiction to conduct contempt proceedings based upon a violation of a personal protection order issued under section 2(h) of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.2, 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. The family division of circuit court that conducts the preliminary inquiry shall notify the court that issued the personal protection order or foreign protection order that the issuing court may request that the respondent be returned to that county for violating the personal protection order or foreign protection order. If the court that issued the personal protection order or foreign protection order requests that the respondent be returned to that court to stand trial, the county of the requesting court shall bear the cost of transporting the respondent to that county.

    (7) The prosecuting attorney shall prosecute a criminal contempt proceeding initiated by the court under subsection (2) or initiated by a show cause order under subsection (4), unless the party who procured the personal protection order retains his or her own attorney for the criminal contempt proceeding or the prosecuting attorney determines that the personal protection order was not violated or that it would not be in the interest of justice to prosecute the criminal contempt violation. If the prosecuting attorney prosecutes the criminal contempt proceeding, the court shall grant an adjournment for not less than 14 days or a lesser period requested if the prosecuting attorney moves for adjournment. If the prosecuting attorney prosecutes the criminal contempt proceeding, the court may dismiss the proceeding upon motion of the prosecuting attorney for good cause shown.

    (8) A court shall not rescind a personal protection order, dismiss a contempt proceeding based on a personal protection order, or impose any other sanction for a failure to comply with a time limit prescribed in this section.

    (9) As used in this section:

    (a) "Foreign protection order" means that term as defined in section 2950h of the revised judicature act of 1961, 1961 PA 236, MCL 600.2950h.

    (b) "Personal protection order" means a personal protection order issued under section 2950 or 2950a of the revised judicature act of 1961, 1961 PA 236, MCL 600.2950 and 600.2950a, and, unless the context indicates otherwise, includes a valid foreign protection order.

    (c) "Valid foreign protection order" means a foreign protection order that satisfies the conditions for validity provided in section 2950i of the revised judicature act of 1961, 1961 PA 236, MCL 600.2950i.

    

    

History: Add. 1980, Act 471, Eff. Mar. 31, 1981 ;-- Am. 1983, Act 230, Imd. Eff. Nov. 28, 1983 ;-- Am. 1992, Act 251, Eff. Jan. 1, 1993 ;-- Am. 1994, Act 59, Eff. July 1, 1994 ;-- Am. 1994, Act 62, Eff. July 1, 1994 ;-- Am. 1994, Act 418, Eff. Apr. 1, 1995 ;-- Am. 1996, Act 15, Eff. June 1, 1996 ;-- Am. 1998, Act 475, Eff. Mar. 1, 1999 ;-- Am. 1999, Act 269, Eff. July 1, 2000 ;-- Am. 2001, Act 209, Eff. Apr. 1, 2002 ;-- Am. 2019, Act 112, Eff. Oct. 1, 2021

Notes of Decisions
Cited in 13 cases (8 in the last 5 years), 1985–2024 · leading case: In Re BAIL BOND FORFEITURE
Sort: Relevance Newest Treatment
In Re BAIL BOND FORFEITURE (2014) mich · cites it 2× “See also In re Contempt of Tanksley, 243 Mich App 123, 128-129 ; 621 NW2d 229 (2000) (“Given the clear legislative mandate that a respondent be afforded a hearing on a charged [personal protection order] violation within seventy-two hours, we hold that a violation of the time…”
In Re Contempt of Tanksley (2000) michctapp · cites it 10× “708(F)(1) stated: Following the respondent’s appearance or arraignment, the court shall do the following: (a) Set a date for the hearing at the earliest practicable time except as required by MCL 764.15b; MSA 28.874(2). (i) The hearing of a respondent being held in custody for…”
People v. Reinhardt (1985) michctapp “874(1), and MCL 764.15b; MSA 28.874(2), the code provides for warrantless arrests when a felony, misdemeanor, or ordinance violation is committed in the presence of a peace officer and then enumerates twelve specific other instances when a warrantless arrest is permissible.”
Hall v. Township of Mount Morris (2002) mied “§ 764.15b. The court stated that the officers were required to make a quick judgment under difficult circumstances using only the information he had at his disposal at the time.”
In Re Kjl (2023) michctapp · cites it 14× “Rather, it considered the timing requirements set forth in MCL 764.15b and MCR 3.708 for contempt proceedings arising from PPO violations.”
In Re Lt (2022) michctapp · cites it 5× “For the reasons explained below, we also order that the hearing be conducted before a different judge, who is instructed to follow the unambiguous procedure set forth in MCL 764.15b and MCR 3.708. I. BASIC FACTS AND PROCEDURAL HISTORY Petitioner and respondent have lived next to…”
20221229_C359666_28_359666.Opn.Pdf (2022) michctapp · cites it 3× “708(G) provides: “In a criminal contempt proceeding commenced under MCL 764.15b, the prosecuting attorney shall prosecute the proceeding unless the petitioner retains his or her own attorney for the criminal contempt proceeding.”
People of Michigan v. Kurtis David Erdman (2023) michctapp · cites it 2× “Another statutory provision that is relevant to our analysis is MCL 764.15b, which provides, in pertinent part: (1) A peace officer, without a warrant, may arrest and take into custody an individual when the peace officer has or receives positive information that another peace…”
People of Michigan v. Barry Alan Knowles (2023) michctapp · cites it 2× “Moreover, MCL 764.15b provides, in relevant part: (1) A peace officer, without a warrant, may arrest and take into custody an individual when the peace officer has or receives positive information that another peace officer has reasonable cause to believe all of the following…”
People of Michigan v. John Orvin Brown (2022) michctapp “411i, as well as with the violation of a personal protection order (PPO), MCL 764.15b. In 2020, defendant was arraigned in Wayne County for violating his probation in this matter.”
D Lac v. Gls (2024) michctapp “In a criminal contempt proceeding commenced under MCL 764.15b the prosecuting attorney shall prosecute the proceeding unless the petitioner retains his or her own attorney for the criminal contempt proceeding.”
People of Michigan v. Demario Laron Battle (2024) michctapp “The fact that defendant was 4 MCL 764.15b, the statute prescribing the 72-hour limitations period at issue in Tanksley, was amended shortly after Tanksley’s release to specifically prohibit dismissal or other sanctions based on failure to comply with a time limit prescribed by…”
Show all 13 citing cases →
— Mich. Comp. Laws § 764.15b(1) — 3 cases
People of Michigan v. Kurtis David Erdman (2023) michctapp “Another statutory provision that is relevant to our analysis is MCL 764.15b, which provides, in pertinent part: (1) A peace officer, without a warrant, may arrest and take into custody an individual when the peace officer has or receives positive information that another peace…”
People of Michigan v. Barry Alan Knowles (2023) michctapp “Moreover, MCL 764.15b provides, in relevant part: (1) A peace officer, without a warrant, may arrest and take into custody an individual when the peace officer has or receives positive information that another peace officer has reasonable cause to believe all of the following…”
In Re Kjl (2023) michctapp “Rather, it considered the timing requirements set forth in MCL 764.15b and MCR 3.708 for contempt proceedings arising from PPO violations.”
— Mich. Comp. Laws § 764.15b(2) — 2 cases
In Re Contempt of Tanksley (2000) michctapp “708(F)(1) stated: Following the respondent’s appearance or arraignment, the court shall do the following: (a) Set a date for the hearing at the earliest practicable time except as required by MCL 764.15b; MSA 28.874(2). (i) The hearing of a respondent being held in custody for…”
In Re Kjl (2023) michctapp “Rather, it considered the timing requirements set forth in MCL 764.15b and MCR 3.708 for contempt proceedings arising from PPO violations.”
— Mich. Comp. Laws § 764.15b(2)(a) — 3 cases
In Re BAIL BOND FORFEITURE (2014) mich “See also In re Contempt of Tanksley, 243 Mich App 123, 128-129 ; 621 NW2d 229 (2000) (“Given the clear legislative mandate that a respondent be afforded a hearing on a charged [personal protection order] violation within seventy-two hours, we hold that a violation of the time…”
In Re Contempt of Tanksley (2000) michctapp “708(F)(1) stated: Following the respondent’s appearance or arraignment, the court shall do the following: (a) Set a date for the hearing at the earliest practicable time except as required by MCL 764.15b; MSA 28.874(2). (i) The hearing of a respondent being held in custody for…”
In Re Kjl (2023) michctapp “Rather, it considered the timing requirements set forth in MCL 764.15b and MCR 3.708 for contempt proceedings arising from PPO violations.”
— Mich. Comp. Laws § 764.15b(7) — 3 cases
20221229_C359666_28_359666.Opn.Pdf (2022) michctapp “708(G) provides: “In a criminal contempt proceeding commenced under MCL 764.15b, the prosecuting attorney shall prosecute the proceeding unless the petitioner retains his or her own attorney for the criminal contempt proceeding.”
In Re Lt (2022) michctapp “For the reasons explained below, we also order that the hearing be conducted before a different judge, who is instructed to follow the unambiguous procedure set forth in MCL 764.15b and MCR 3.708. I. BASIC FACTS AND PROCEDURAL HISTORY Petitioner and respondent have lived next to…”
in Re Daniel Alexander Rastelli (2014) michctapp
— Mich. Comp. Laws § 764.15b(8) — 1 case
In Re Kjl (2023) michctapp “Rather, it considered the timing requirements set forth in MCL 764.15b and MCR 3.708 for contempt proceedings arising from PPO violations.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.