Michigan > Statewide > Personal Protection
Motion And Order To Show Cause For Violating Valid Personal Or Foreign Protection Order CC 382 - Michigan
| Motion And Order To Show Cause For Violating Valid Personal Or Foreign Protection Order Form. This is a Michigan form and can be used in Personal Protection Statewide . |
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Motion and Order to Show Cause for Violating d iVal Personal gneior/F Protection Order Use this form if the respondent has violated a dvali personalgneifor/ protection order and has not been nd aedestarr you want the court to order him/her into court to answer to a contempt c harge. (Form CC 382)<<<<<<<<<********>>>>>>>>>>>>> 2INSTRUCTIONS FOR COMPLETING "MOTION AND ORDER TO SHOW CAUSE FOR VIOLATING VALIDPERSONAL/FOREIGN PROTECTION ORDER"Use this form if the respondent has violated your valid personal/foreign protection order and you want the court to orderhim/her into court to answer a contempt charge.Please print neatly. Press firmly since you are printing on 5 copies.Items A through E must be completed before you give this form to the court clerk. Please read the instruction for eachitem. Then fill in the correct information for that item on the form.A Fill in the case number only if you are filing this form in the same court where you got your order. If you are filing this form in a court other than the one that gave you your valid personal/foreign protection order, the clerk will enter the name of the respondent in this space.B Fill in the "petitioner" and "respondent" as it appears in your order (i.e. Form CC 376 or CC 380).C Write in the date of your valid personal/foreign protection order, the name of the court that signed your order, and the name of the judge who signed the order. Get this information from your order. You must attach a copy of your valid personal/foreign protection order and either proof of service on or notification to the respondent of this of this order. If you dont have a copy of your order, ask the clerk for a copy. There may be a copy fee.D Explain in as much detail as possible what the respondent has done to violate the personal/foreign protection order. You must attach any supporting documents. Make 4 copies of all supporting documents.E Sign your name in front of a notary public. Take the form and the supporting documents to the county clerk. The clerk will keep one white copy and a set of the supporting documents and return the white, green, blue, pink, and yellow copies and remaining supporting documents to you.What to do next.1. Ask the county clerk for instructions for getting the motion and order to the judge. You need the green, blue, pink, and yellow copies of the form and 1 set of supporting documents for the judge. Keep the white copy and the remaining 2 sets of supporting documents for yourself until you get the pink copy back. Ask when to come back for the signed order.2. Pick up the order on the day and time you were told to pick up the order. When you leave, you should have the blue, pink, and yellow copies.3. You must have the blue copy with 1 set of supporting documents personally served on the respondent at least 7 days before the hearing.4. If the respondent is under 18 years of age, additional copies must be served on the respondents parent(s), guardian(s), or custodian(s) at the addresses found on the proof of service of your protection order.5. Have the process server return to the county clerks office with the yellow copy. Make sure you keep the pink copy and 1 set of supporting documents for yourself.6. Attend the hearing.Refer to the Instructions for Personal Protection Orders, page 8 for details on attending a hearing.<<<<<<<<<********>>>>>>>>>>>>> 3 Original - Court 1st copy - Judge/Assignment clerk (green) 2nd copy - Resondent (blue) 3rd copy - Petitioner (pink) Approved, SCAO 4th copy - Return (yellow) STATE OF MICHIGAN AAAAA CASE NO. MOTION AND ORDER TO SHOW CAUSE JUDICIAL CIRCUIT COUNTY FOR VIOLATING VALID PERSONAL/ In the matter of contempt of FOREIGN PROTECTION ORDER Court address Court telephone no.BBBBBPetitioners name Respondents name, address, and telephone no. v Address and telephone no. where court can reach petitioner AFFIDAVIT AND MOTION CCCCC1. I am the protected party in a valid personal/foreign protection order dated and issued by the Court, Case number . Attached is a copy of that order and either proof of service on or notification to the respondent of this order. DDDDD2. The respondent has violated this order by doing the following: Explain what has happened and include dates, time and events (attach any supporting documents such as a complaint filed with the police) 3. I request the court to order the respondent to appear at a specified time to answer a contempt charge or to issue a bench warrant for the arrest of the respondent. EEEEE Signature Subscribed and sworn to before me on , County, Michigan. Date My commission expires: Signature: ORDER IT IS ORDERED: 4. The respondent is ordered to appear before this court on at m. the court address above at courtroom number to show cause why the respondent should not be held in contempt for violating a valid personal/foreign protection order. Failure to appear for this contempt hearing may result in a bench warrant being issued for the respondents arrest. The petitioner shall serve this motion and order on the respondent at least 7 days before the hearing date. 5. A bench warrant shall be issued for the respondents arrest to answer a contempt charge for violating a valid personal/ foreign protection order. Date Judge Bar no. If you require special accommodations to use the court because of disabilities, or if you require a foreign language interpreter to help you to fully participate in court proceedings, please contact the court immediately to make arrangements. MCR 3.708(B) CC 382 (6/03) MOTION AND ORDER TO SHOW CAUSE FOR VIOLATING VALID PERSONAL/FOREIGN PROTECTION ORDER <<<<<<<<<********>>>>>>>>>>>>> 4 Original - Court 1st copy - Judge/Assignment clerk (green) 2nd copy - Resondent (blue) 3rd copy - Petitioner (pink) Approved, SCAO 4th copy - Return (yellow) STATE OF MICHIGAN CASE NO. A MOTION AND ORDER TO SHOW CAUSE JUDICIAL CIRCUIT FOR VIOLATINGD ALI VPE/ALONRS COUNTY In the matter of contempt of GNEIFOR PROTECTION ORDER Petitioners name Respondents name, address, and telephone no. B v D 2. Continued: The respondent has violated this order by doing the following: CC 382 MOTION AND ORDER TO SHOW CAUSE FOR VIOLATING DLIVA PERSONAL IGNREFO/ P IONTECTRO ORDER<<<<<<<<<********>>>>>>>>>>>>> 5 Motion and Order to Show Cause for Violating Personal Protection Order PROOF OF SERVICE Case No. TO PROCESS SERVER: You must serve the copies of the motion and order to show cause for violating valid personal/foreign protection order and file proof of service with th
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