of Abuse | Abuse
Prevention and the Law | Resources
What is a vacate order?
A vacate order may include a household, a multiple
family dwelling, or plairitifrs vmftlace.
A 209A order may be issued by the superior,
probate and family, district or municipal court departments of the trial
court having venue over the plaintiffs residence. When the petitioner
is in a dating relationship, only the district, probate, or municipal
courts may issue an order.
What relief can an abused person obtain from the courts?
A person suffering abuse from an adult or minor family or household member may request protection including:
(An order to vacate shall not exceed one year, at the expiration the court may ex-tend the order upon motion of the plaintiff for an additional year.)
There are no filing fees charged for the filling of the complaint or fees for certified copies of any orders entered by the court.
How long does a restraining order last?
The court may issue an immediate temporary (ex-parte order) as it deems necessary to protect the plaintiff from abuse, then must issue immediate notice to the defendant. The ex-parte order will be in effect until the return hearing (no later than 10 business days.) At the 10 day hearing the plaintiff my request that the order be extended. The Court may issue an order for up to one year.
What if the abuser does not attend the return hearings?
If the plaintiff appears for the return hearing, and the defendant does not appear, the court shall continue the order vathout further notice to the defendant.
Can the court refuse to issue an order?
The court can deny an order for lack
of jurisdiction, or if a person is not a family or household member, or
if it deems the allegations do not constitute abuse.
Can the courts issue mutual restraining orders?
The court can issue mutual restraining orders only Men accompanied by specific, wiften , findings of fact. Such orders shall be sufficiently detailed and specific so police can enforce them.
Suspension and surrender of firearms of license and firearms
Upon issuance of a temporary or emergency order, the court shall order the suspension and surrender of any license to cany firearms and or firearms identification card vjiich the defendant may hold and order the defendant to surrender all firearms, rifles, shotguns, machine guns vath ammunition Mich he then controls, ovms, in accordance Wth the privations of this chapter. A suspension and surrender order shall confinue so long as the restraining order is in effect.
Can a victim obtain protection when the court is closed?
An emergency response system judge may grant orders by telephone to a law enforcement agency-Mo shall record the order and deliver a copy to the clerk magistrate or the court having jurisdiction on the next business day.
What if the victim obtains a 209A and then goes onto virtual for divorce, annulment,, paternity, custody, support, guardianship, or separate support?
Any custody or support judgment issued in the subsequent hearings shall supersede custody or support orders under 209A. (note: The Family and Probate court can modify orders granted by a district court.)
Service of Powers
Thecourt must immediately send copies of the order to the appropriate law enforcement agency, which shall serve copies to the defendant and make prompt return of service to the court. When ever such orders are vacated, the court will notify the law enforcement agency which will destroy all record of such order.
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