Motion And Order To Show Cause For Violating Valid Personal Or Foreign Protection Order {CC 382} | Pdf Fpdf Docx | Michigan

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Motion And Order To Show Cause For Violating Valid Personal Or Foreign Protection Order {CC 382} | Pdf Fpdf Docx | Michigan

Motion And Order To Show Cause For Violating Valid Personal Or Foreign Protection Order {CC 382}

This is a Michigan form that can be used for Personal Protection within Statewide.

Alternate TextLast updated: 1/8/2018

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Motion and Order to Show Cause for ViolatingValid Personal/Foreign Protection OrderUse this form if the respondent has violated a valid personal/foreign protection order and has not beenarrested and you want the court to order him/her into court to answer to a contempt charge.(Form CC 382) American LegalNet, Inc. www.FormsWorkFlow.com INSTRUCTIONS 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.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.AFill in the case number only if you are filing this form in the same court where you got your order. If you arefiling this form in a court other than the one that gave you your valid personal/foreign protection order, the clerkwill enter the name of the respondent in this space.BFill in the "petitioner" and "respondent" as it appears in your order (i.e. form CC 376 or CC 380). If the date ofbirth for the respondent is known, please include it.CWrite 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 copyof your valid personal/foreign protection order and either proof of service on or notification to the respondentof this order. If you don't have a copy of your order, ask the clerk for a copy. There may be a copy fee.DExplain in as much detail as possible what the respondent has done to violate the personal/foreign protectionorder. You must attach any supporting documents. Make four copies of all supporting documents.ESign 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 one set of supporting documents for the judge. Keep the white copyand the remaining two sets of supporting documents for yourself until you get the pink copy back. Ask whento 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 havethe blue, pink, and yellow copies.3.You must have the blue copy with one set of supporting documents personally served on the respondent at least7 days before the hearing.4.If the respondent is under 18 years of age, additional copies must be served on the respondent's parent(s),guardian(s), or custodian(s) at the addresses found on the proof of service of the protection order.5.Have the process server return to the county clerk's office with the yellow copy. Make sure you keep the pinkcopy and one 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. American LegalNet, Inc. www.FormsWorkFlow.com AFFIDAVIT AND MOTION1.I am the protected party in a valid personal/foreign protection order datedandissued by theCourt, case number.Attached is a copy of that order and either proof of service on or notification to the respondent of that order.2.The respondent has violated the order by doing the following:3.I request the court to order the respondent to appear at a specified time to answer a contempt charge or to issue a benchwarrant for the arrest of the respondent.4. This affidavit is made on my personal knowledge and, if sworn as a witness, I can testify competently to the facts in this affidavit.Subscribed and sworn to before me on,County, Michigan.My commission expires:Signature:Notary public, State of Michigan, County ofORDERIT IS ORDERED:5.The respondent is ordered to appear before this court onat the court address aboveat courtroom numberto 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 respondent's arrest. Thepetitioner shall serve this motion and order on the respondent at least 7 days before the hearing date.6.A bench warrant shall be issued for the respondent's arrest to answer a contempt charge for violating a valid personal/foreign protection order.If you require special accommodations to use the court because of disabilities, or if you require a foreign language interpreter tohelp you fully participate in court proceedings, please contact the court immediately to make arrangements. Court addressCourt telephone no.Approved, SCAO STATE OF MICHIGANCASE NO.JUDICIAL CIRCUITCOUNTYOriginal - Court1st copy - Judge/Assignment clerk (green)2nd copy - Respondent (blue)3rd copy - Petitioner (pink)4th copy - Return (yellow) MOTION AND ORDER TO SHOW CAUSEFOR VIOLATING VALID PERSONAL/FOREIGN PROTECTION ORDER Respondent's name, address, and telephone no. Petitioner's namev Address and telephone no. where court can reach petitionerCC 382 (3/10) MOTION AND ORDER TO SHOW CAUSE FOR VIOLATING VALID PERSONAL/FOREIGN PROTECTION ORDERIn the matter of contempt of Explain what has happened and include dates, times, and events (attach any supporting documents, such as a complaint filed with the police).MCR 3.708(B)DCBA Signature Date E JudgeDateBar no. Date of birth, if knownDateTimeDate American LegalNet, Inc. www.FormsWorkFlow.com Approved, SCAO STATE OF MICHIGANCASE NO.JUDICIAL CIRCUITCOUNTYOriginal - Court1st copy - Judge/Assignment clerk (green)2nd copy - Resondent (blue)3rd copy - Petitioner (pink)4th copy - Return (yellow) MOTION AND ORDER TO SHOW CAUSEFOR VIOLATING VALID PERSONAL/FOREIGN PROTECTION ORDERCC 382 MOTION AND ORDER TO SHOW CAUSE FOR VIOLATING VALID PERSONAL/FOREIGN PROTECTION ORDERIn the matter of contempt of A Respondent's name, address, and telephone no. Petitioner's namevB2.Continued:The respondent has violated this order by doing the following: D American LegalNet, Inc. www.FormsWorkFlow.com PROOF OF SERVICE TO PROCESS SERVER: You must serve the copies of the motion and order to show cause for violating a valid personal/foreignprotection order and file proof of service with the court clerk. If you are unable to complete service, you must return this original andall copies to the court clerk.OFFICER CERTIFICATEAFFIDAVIT OF PROCESS SERVERI certify that I am a sheriff, deputy sheriff, bailiff, appointedcourt officer, or attorney for a party (MCR 2.104[A][2]), andthat:(notarization not required)Being first duly sworn, I state that I am a legally competentadult who is not a party or an officer of a corporate party, andthat:(notarization required)OR CERTIFICATE / AFFIDAVIT OF SERVICE / NONSERVICE Subscribed and sworn to before me on , County, Michigan.My commission expires: Signature:Notary public, State of Michigan, County of DateDateDeputy court clerk/Notary public SignatureName (type or print)I acknowledge that I have received a copy of the motion and order to show cause for violating a valid personal/foreign protectionorder on.ACKNOWLEDGMENT OF SERVICE Motion and Order to Show Causefor Violating Personal Protection Order Day, date, timeComplete address of serviceRespondent's nameI served a copy of the motion and order to show cause for violating a valid personal/foreign protection order by personal serviceon: MCR 2.105(A)Case No. Signature of respondent Day, date, timeI have personally attempted to serve a copy of the motion and order to show cause for violating a valid personal/foreign protectionorder on the following respondent and have been unable to complete service. Complete address of serviceRespondent's name I declare that the statements above are true to the best of my information, knowledge, and belief.Title $$Service feeMiles trave

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