PACC/PAAM TV

1. PACC/PAAM TV Presentation Begins at 12:15pm Anna E. Craprotta Sexual Assault Training Attorney Prosecuting Attorneys Association of Michigan aecraprotta@gmail.com (586) 489-8089

2. PPO Confidential A Refresher on PPOs, their Enforcement & the Prosecutor’s role

3. PPO Confidential Three Types of PPOs • Domestic MCL 600.2950 • Nondomestic Stalking MCL 600.2950a • Nondomestic Sexual Assault MCL 600.2950a(2) • Differences in WHO can be restrained and WHAT conduct can be restrained

4. PPO Confidential Three Types of PPOs: Stalking • Meant for non-domestic relationships • Restrains stalking behavior as defined at MCL 750.411h and 411i

5. PPO Confidential Three Types of PPOs: Domestic • Must have a domestic relationship

6. PPO Confidential Three Types of PPOs: Domestic • Can enjoin the following: • Entering onto premises. • Assaulting, attacking, beating, molesting, or wounding a named individual. • Threatening to kill or physically injure a named individual.

7. PPO Confidential Three Types of PPOs: Domestic • 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.

8. PPO Confidential Three Types of PPOs: Domestic • Purchasing or possessing a firearm. • 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.

9. PPO Confidential Three Types of PPOs: Domestic • 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.

10. PPO Confidential Three Types of PPOs: Domestic • 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.

11. PPO Confidential Three Types of PPOs: Domestic • 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. • Any other specific act or conduct that imposes upon or interferes with personal liberty or that causes a reasonable apprehension of violence.

12. PPO Confidential Three Types of PPOs: Sexual Assault • Meant for non-domestic relationships

13. PPO Confidential Three Types of PPOs: Sexual Assault • Can enjoin the same behavior as Domestic PPOs • Also stalking behavior as defined at MCL 750.411h and 411i

14. PPO Confidential Administrative Rules • There is no fee for filing a PPO petition, and no summons is issued. MCL 600.2529(1)(a) and MCR 3.703(A). • Forms shall be made available for public distribution by circuit court clerk!!!

15. PPO Confidential PPO v. Existing Custody Parenting Times Orders • Best Practices: • Courts to consider safety • Judges to consult with each other • Ultimately, the PPO takes precedence

16. PPO Confidential Admissibility at Trial • PEOPLE v. PITTAO, No. 290690 (COA 9/16/10) unpub. • PPO admissible pursuant to MCL 600.2106 • Court order • Not excluded under 403 balancing test. • PPO probative of marital discord, not unduly prejudicial

17. PPO Confidential After the Court Signs The PPO • The court designates which LE agency must enter the PPO into LEIN • The court clerk must “file” a true copy with that agency • Court clerk notifies designated agency when order is served, or terminated, modified or extended

18. PPO Confidential After the Court Signs The PPO • The petitioner is responsible for service on the respondent, and filing the PPO

19. PPO Confidential • Research shows that protection orders resulted in a significant decrease in risk of police-reported Intimate Partner Violence “Civil Protection Orders and Risk of Subsequent Police-Reported Violence” Journal of the American Medical Association, August 7, 2002

20. PPO Confidential • Research also shows that enforcement of the order helps diminish the physical abuse Carlson, M., S. Harris, and G. Holden. "Protective Orders and Domestic Violence: Risk Factors for Reabuse." Journal of Family Violence 14(2) (1999)

21. PPO Confidential • Prompt enforcement of even “minor” violations is important • PPOs work best in conjunction with significant safety planning aided by community-based advocates

22. PPO Confidential Tools for Enforcing Orders • The primary tool of enforcement is warrantless arrest • Specifically permitted at MCL 764.15b if officer has “reasonable cause” to believe an individual is violating or has violated an order

23. PPO Confidential Tools for Enforcing Orders • “reasonable cause” means having enough information to lead an ordinarily careful person to believe that the defendant violated the PPO. People v Freeman 240 Mich App 235 (2000)

24. PPO Confidential Obtaining Ex Parte Orders • Ex Parte PPOs • Petitioner must show 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.

25. PPO Confidential Obtaining Ex Parte Orders • Ex Parte PPOs • Court must rule on Ex Parte request within 24 hours of filing • Hearings to be scheduled “as soon as possible”

26. PPO Confidential Tools for Enforcing Ex Parte Orders • Same as other PPOs • Ex parte PPOs are enforceable immediately by any Michigan law enforcement agency if • has a true copy of the order • is shown a copy, OR • has verified existence in LIEN

27. PPO Confidential Tools for Enforcing Orders • If the PPO has not been served, then notice to Respondent must be made

28. PPO Confidential Tools for Enforcing Orders • You can’t arrest unless the respondent has notice of the order by • Formal service • Oral notice by a law enforcement officer or court clerk with knowledge of its existence

29. PPO Confidential Tools for Enforcing Orders • Oral notice must inform the respondent • Of the order’s existence • The specific conduct enjoined • The penalties for violating • The place where respondent can get a copy

30. PPO Confidential Tools for Enforcing Orders • Once respondent has notice, warrantless arrest is permitted if the officer has reasonable cause to believe the respondent has violated or is violating the order

31. PPO Confidential Tools for Enforcing Orders • Proof of service or oral notice must be entered into LEIN

32. PPO Confidential Tools for Enforcing Orders • Officer can arrest if he or she receives positive information that another officer has reasonable cause

33. PPO Confidential Tools for Enforcing Orders • Can reasonable cause be established by the victim’s word alone? What more is needed? • What if you see the defendant two hours later? • What about two days later?

34. PPO Confidential Tools for Enforcing Orders • The PPO statute does not set a time limit • Warrantless arrest is authorized if reasonable cause to believe that the respondent “is violating” or “has violated”

35. PPO ConfidentialTools for Enforcing Orders • It is legally and factually impossible for the petitioner to violate the PPO • What went on before the invitation? After? • How’s his driving?

36. PPO ConfidentialThe “True Nature” of the Offense • One incident vs. a pattern of conduct • What else has respondent done? • What other crimes has he committed?

37. PPO Confidential Procedures After Arrest • Once arrested the respondent must be arraigned in the family division of circuit court where the arrest was made within 24 hours • If no circuit court is available the district court must set bond and order respondent to appear

38. PPO Confidential Procedures After Arrest • Arraignment on a PPO is very similar to arraignment on criminal charges including giving notice of charge, penalties, setting hearing and appointment of counsel

39. PPO Confidential Procedures After Show Cause or Arrest • The prosecutor must prosecute criminal contempt proceedings unless • The petitioner retains an attorney for that purpose • The prosecutor determines there was no violation • Prosecution is not in the interests of justice

40. PPO Confidential Procedures After Arrest • Bond is similar to criminal proceedings including conditions from MCR 6.106(D) • Bond must comply with MCL 765.6b • Appears that bond can be denied if the court determines that release will not reasonably secure the safety of the petitioner

41. PPO Confidential Hearings • Within 72 hours unless that time is extended by court on motion of either party • If the violation is based on acts resulting in a separate criminal charge hearing can be delayed until after criminal case is complete

42. PPO Confidential Hearings • Rules of Evidence apply • Prosecutor has burden of proving criminal contempt beyond a reasonable doubt

43. PPO Confidential Sentencing • PPO statute says that the court shall imprison the violator for not more than 93 days • The general criminal contempt statute expressly permits probation

44. PPO Confidential Sentencing • Probation isn’t preferred • This guy has already shown disregard of a court order • Jail expresses our clear condemnation of his acts • What keeps her safe?

45. PPO Confidential QUESTIONS??

46. "This project was supported by Grant No. 2009-EF-S6-0053 awarded by the Office on Violence Against Women, U.S. Department of Justice to the Michigan Domestic Violence Prevention and Treatment Board. The opinions, findings, conclusions, and recommendations expressed in this (publication/program/exhibition) are those of the author(s) and do not necessarily reflect the views of the Department of Justice, Office on Violence Against Women or the MDVPTB.” PAAM wishes to thank the MDVPTB for their financial support of this project.