1

Domestic Violence

Arthur A. Busch, Attorney At Law, P.C.9400 S. Saginaw Rd., Grand Blanc, Mi 48439

2

Interstate Enforcement of Child Custody Orders

• Michigan Courts may take temporary or emergency jurisdiction of a child custody matter if the is present here and has been abandoned or it is necessary to protect the child or the parent or sibling is subjected to or threatened with mistreatment.

3

Warrants for Physical Custody of Children

• If a court finds that a child is likely to suffer serious imminent physical harm or be imminently removed from this state, it may issue a warrant to take physical custody of the child.

4

Prosecutor’s Actions

• Prosecutor may take lawful action to locate a child, obtain the return of a child, or enforce a child custody determination under certain circumstances.

5

Sealing of Court Files

• Where there are allegations of domestic violence the court may order the court records sealed if there is “good cause” shown in order to protect the safety of any alleged or potential victim.

6

Police Department Reporting

The obligations of local police departments is expanded in reporting to the MSP domestic violence “crimes” rather than just “incidents”.

7

Domestic Violence Incident Defined

• Any crime where the perpetrator has a relationship or former relationship– spouse– child in common– dating relationship, past

or present– same residence, past or

present

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Standard Domestic Violence Incident Report Forms

• By 6/1/02 the MSP will develop a new form to be used by law enforcement officers responding to domestic violence incidents effective 10/1/02.

9

Reporting Form Changes

• Report forms will be very similar as now.

• Changes will include the definition of domestic violence incident to include crimes committed against a person who a dating relationship, past or present.

• Also includes violations of PPO’s.

10

Police Policies for Domestic Violence Calls

• The questions to be addressed in police policies are expanded to include protocols for enforcing a valid protection order issued in a jurisdiction outside Michigan.

11

Restrictions on Bond for Domestic Violence Detainees

• No more automatic releases after 20 hours of detention without bond (or a pre-determined interim) for those arrested for assault/aggravated assault in a domestic relationship.

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More on Those Arrested

• Suspects must be held until they can be arraigned or have interim bond set by a judge or magistrate.

• Interim bond may include no-contact order.

• Bond conditions shall be immediately entered into LEIN

13

Dating Relationship Assaults

• Statute now allows where there is a dating relationship, past or present, police can make a warrantless arrest for assault or aggravated assault in a domestic relationship.

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What Is A Dating Relationship?

• Frequent, intimate associations primarily characterized by the expectation of affectionate involvement.

• This term does not include a casual relationship or an ordinary fraternization between 2 people in business or social contact.

15

Criminal History Record Information for PPO Contempt Violators

• MSP to keep fingerprints and criminal history records on those convicted of contempt in PPO cases.

• This does not apply to civil contempt

• Juveniles also included

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CCH History Requirements• Arresting law enforcement

agencies must forward fingerprints to MSP within 72 hours after arrest of a person for criminal contempt for violating a Michigan PPO or foreign PPO.

• Refusal to submit to fingerprinting is a 90 day misdemeanor.

• Can use these fingerprints for criminal ID purposes unless prohibited by law.

17

Warrantless Arrests for Violating Criminal Court Order

Police may make a warrantless arrest upon reasonable cause to believe a person has violated a condition of a conditional release or probation order imposed by a court in Michigan or another state.

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Appearance Tickets

• No appearance ticket for person arrested for assault against a domestic partner (this now includes dating relationships)

• Warrantless arrests no okay for those in dating relationships;

• Police can recoup expenses for emergency response and the costs of prosecution.

• Post-conviction bail is not provided for persons convicted of assaultive crimes including aggravated stalking.

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Interstate Enforcement of PPO’s

• Michigan PPP’s must be enforced by other states as long as jurisdictional and due process standards are met. PPO provisions must include statements to this effect.

• No PPO’s to be issued against a child under age 10.

20

PPO Changes

• Courts must now issue the reasons in writing why they are issuing a non-domestic PPO.

• Permits enforcement of other state’s non-domestic PPO’s.

21

Foreign Protection Orders

• Foreign state orders are given the full faith and credit by Michigan Courts.

• These orders are subject to the same procedures and penalties as if issued by our own state courts.

22

Foreign PPO’s and the Police

• Enforce in the same way you would a Michigan PPO order.

• Police may rely on a copy of any PPO that is provided to them from any source if the Order appears to contain the necessary information and there is no indication of invalidity. E.g.. Past the expiration date.

• Entry into LEIN Or NCIC of the PPO is not required to enforce the order.

• Police immune from civil or criminal liability in any action arising out of enforcement of a foreign PPO

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Foreign PPO’s Against Minors

• Family court has jurisdiction over minors (those under 18).

• Can take minors into custody with or without a court order for violations of PPO’s.

• Police may take minor into custody without a court order upon reasonable cause to believe the minor is violating or has violated a Michigan or foreign PPO.

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Warrantless Arrest Authority for Foreign PPO’s

• Police can arrest without a warrant on reasonable cause to believe an individual is violating a valid PPO issued in another state.

• Arrest procedures are the same as for Michigan PPO’s.

• Michigan arraigning court must notify the other state to determine if extradition is warranted.