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Personal Protection Order Against A Minor (Domestic Relationship) (Ex Parte) - Page 1 Form. This is a Michigan form and can be use in Oakland Local County.
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Tags: Personal Protection Order Against A Minor (Domestic Relationship) (Ex Parte) - Page 1, CC 376M, Michigan Local County, Oakland
Approved, SCAO
STATE OF MICHIGAN
JUDICIAL CIRCUIT
COUNTY
A
PERSONAL PROTECTION ORDER AGAINST
A MINOR (DOMESTIC RELATIONSHIP), PAGE 1
EX PARTE
Court address
ORI
MIPetitioner's name
Respondent's name, address, and telephone no.
v
Address and telephone no. where court can reach petitioner
Full name of respondent (type or print) *
Height
Weight
CASE NO.
B
Court telephone no.
C
D
3rd copy - Petitioner (pink)
4th copy - Return (yellow)
5th copy - Return (goldenrod)
Original - Court
1st copy - Law enforcement agency (file) (green)
2nd copy - Respondent (blue)
Race *
Driver's license number (if known)
Sex * Date of birth or Age* Hair color
Eye color
Other identifying information
*These items must be filled in for the police/sheriff to enter on LEIN; the other items are not required but are helpful.
**Needed for NCIC entry.
Full name of respondent's parent, guardian, custodian (type or print)
Full name of respondent's parent, guardian, custodian (type or print)
Address and telephone no. if different from above
E
Address and telephone no. if different from above
**needed for NCIC entry
Date:
Judge:
Bar no.
1. This order is entered
without a hearing.
**after hearing.
THE COURT FINDS:
2. A petition requested respondent be prohibited from entry onto the premises, and either the petitioner has property interest
in the premises, or respondent does not have a property interest in the premises.
3. The respondent is less than 18 years of age, is unemancipated, and is not the minor child of the petitioner.
4. The petitioner is less than 18 years of age, is unemancipated, and is not the minor child of the respondent.
5. The petitioner requested an ex parte order which should be entered without notice because irreparable injury, loss, or damage
will result from delay required to give notice or notice itself will precipitate adverse action before an order can be issued.
6. The respondent poses a credible threat to the physical safety of the petitioner and/or a child of the petitioner.
7. The respondent
**is the spouse or former spouse of the petitioner, had a child in common with the petitioner, or is residing
or had resided in the same household as the petitioner.
has or had a dating relationship with the petitioner.
**
IT IS ORDERED:
8.
is prohibited from:
Name
a. entering onto property where petitioner lives.
b. entering onto property at
**
.
c. assaulting, attacking, beating, molesting, or wounding
.
Name
d. removing minor children from petitioner who has legal custody, except as allowed by custody or parenting time order
provided removal of the children does not violate other conditions of this order. An existing custody order is dated
. An existing parenting time order is dated
(PLEASE SEE OTHER SIDE)
CC 376M (2/08)
.
MCL 600.2950, MCL 712A.2h, MCR 3.705, MCR 3.706,
18 USC 922(g)(8)(c)
PERSONAL PROTECTION ORDER AGAINST A MINOR (Domestic Relationship), Page 1
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Approved, SCAO
STATE OF MICHIGAN
JUDICIAL CIRCUIT
COUNTY
A
PERSONAL PROTECTION ORDER AGAINST
A MINOR (DOMESTIC RELATIONSHIP), PAGE 2
EX PARTE
Court address
ORI
MIPetitioner's name
B
CASE NO.
Court telephone no.
v
Respondent's name
IT IS FURTHER ORDERED:
8. (continued from page 1)
e. stalking as defined under MCL 750.411h and MCL 750.411i which includes but is not limited to:
**
following or appearing within sight of the petitioner.
appearing at workplace/residence of the petitioner.
approaching or confronting the petitioner in a public place or on private property.
entering onto or remaining on property owned, leased, or occupied by the petitioner.
sending mail/other communications to the petitioner.
contacting the petitioner by telephone.
placing an object on or delivering an object to property owned, leased, or occupied by the petitioner.
f. interfering with petitioner's efforts to remove his/her children or personal property from premises solely owned or leased
by respondent.
**
g. threatening to kill or physically injure
.
Name
h. interfering with petitioner at his/her place of employment or education or engaging in conduct that impairs his/her
employment or educational relationship or environment.
i. having access to information in records concerning a minor child of petitioner and respondent that will reveal petitioner's
address, telephone number, or employment address or that will reveal the child's address or telephone number.
**
j. purchasing or possessing a firearm.
k. other:
9. As a result of this order, federal and/or state law may prohibit you from possessing or purchasing ammunition or a firearm (including
a rifle, pistol, or revolver).
10. a. If the respondent is 17 years of age or more, violation of this order subjects the respondent to immediate arrest and to the
civil and criminal contempt powers of the court. If found guilty of a violation, the respondent shall be imprisoned for not
more than 93 days and may be fined not more than $500.00.
b. If the respondent is less than 17 years of age, violation of this order subjects the respondent to immediate apprehension
or being taken into custody. If found guilty of a violation, the respondent shall be subject to the dispositional alternatives
listed in MCL 712A.18.
11. This order is effective when signed, enforceable immediately, and remains in effect until
.
This order is enforceable anywhere in this state by any law enforcement agency when signed by a judge, and upon service,
may also be enforced by another state, an Indian tribe, or a territory of the United States. If respondent violates this order in
a jurisdiction other than this state, respondent is subject to enforcement and penalties of the state, Indian tribe, or United States
territory under whose jurisdiction the violation occurred.
12. The court clerk shall file this order with
,
Name of law enforcement agency
who will enter it into the LEIN.
13. The respondent may file a motion to modify or terminate this order. If this is an ex parte order, a motion to modify or terminate
this order and a request for a hearing must be made within 14 days after the respondent has been served or has received actual
notice of this order. Forms and instructions are available from the clerk of the court.
14. A motion to extend the order must be filed 3 days before the expiration date in item 11 or else a new petition must be filed.
15. Other:
Date and time issued
CC 376M (2/08)
Judge
PERSONAL PROTECTION ORDER AGAINST A MINOR (Domestic Relationship), Page 2
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PROOF OF SERVICE
Personal Protection Order
Against a Minor
Case No.
TO PROCESS SERVER: You must serve the personal protection order against a minor and file proof of service with the court
clerk. If you are unable to complete service, you must return this original and all copies to the court clerk.
CERTIFICATE / AFFIDAVIT OF SERVICE / NONSERVICE
OR
OFFICER CERTIFICATE
I certify that I am a sheriff, deputy sheriff, bailiff, appointed
court officer, or attorney for a party [MCR 2.104(A)(2)], and
that:
(notary not required)
AFFIDAVIT OF PROCESS SERVER
Being first duly sworn, I state that I am a legally competent
adult who is not a party or an officer of a corporate party, and
that:
(notary required)
I served a copy of the personal protection order against a minor by:
personal service
registered mail, delivery restricted to the respondent and the parent(s), guardian(s), or custodian(s)
of the respondent (return receipt attached) on:
Name of respondent
Complete address of service
Day, date, time
Name of parent/guardian/custodian
Complete address of service
Day, date, time
Name of parent/guardian/custodian
Complete address of service
Day, date, time
Law enforcement agency
Complete address of service
Day, date, time
I have personally attempted to serve a copy of the personal protection order against a minor on the following respondent and
have been unable to complete service.
Respondent's name
Complete address of service
I declare that the statements above are true to the best of my information, knowledge, and belief.
Name (type or print)
Service fee
Miles traveled
$
Mileage fee
$
Total fee
Signature
$
Title
Subscribed and sworn to before me on
My commission expires:
,
Date
Signature:
Date
County, Michigan.
Deputy court clerk/Notary public
Notary public, State of Michigan, County of
ACKNOWLEDGMENT OF SERVICE
I acknowledge that I have received a copy of the personal protection order against a minor on
.
Day, date, time
Signature of respondent
Signature of respondent's parent/guardian/custodian
Signature of respondent's parent/guardian/custodian
MCR 2.105(A)
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