Extension of Personal Protection Orders that Expire During the State of Emergency
During the continuing COVID-19 pandemic, the Michigan Supreme Court has directed courts to work to protect public health and mitigate the transmission of the coronavirus while also ensuring continued access to the judicial system for those who need it. Although electronic access to courts has increased dramatically over the last several weeks, most courts are currently operating with limited onsite staff. As a result, many interactions that would occur by face-to-face encounter have become impossible, including those that are geared toward protecting vulnerable individuals.
For that reason, on order of the Court, pursuant to 1963 Const, Art VI, § 4, which provides for the Supreme Court's general superintending control over all state courts, any personal protection order that expires during the period from the date of entry of this administrative order through June 1, 2020, is automatically extended to July 21, 2020. A respondent who objects to the extension may file a motion to modify or terminate the personal protection order and request a hearing under MCR 3.707. For a hearing under this order, the court shall schedule the hearing and notify the parties at least 7 days before the date of the hearing by the means most likely to provide actual notice. The extension set forth in this order does not limit in any way a judge's authority and ability to hold a hearing on respondent's motion and determine whether the extension should continue or the personal protection order should be modified or terminated.
Nothing in this order prohibits a petitioner from consenting to termination of the personal protection order.