Terms Used In Michigan Laws 691.1805

  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Dating relationship: means a relationship that consists of frequent, intimate associations primarily characterized by the expectation of affectional involvement. See Michigan Laws 691.1803
  • Extreme risk protection order: means an order issued by a court under section 7. See Michigan Laws 691.1803
  • Family member: means an individual who is related to the respondent as any of the following:
  (i) A parent. See Michigan Laws 691.1803
  • firearm: except as otherwise specifically defined in statute, includes any weapon which will, is designed to, or may readily be converted to expel a projectile by action of an explosive. See Michigan Laws 8.3t
  • Health care provider: means any of the following:
  •   (i) A physician, physician's assistant, nurse practitioner, or certified nurse specialist licensed under article 15 of the public health code, 1978 PA 368, MCL 333. See Michigan Laws 691.1803
  • Law enforcement officer: means a law enforcement officer as that term is defined in section 2 of the Michigan commission on law enforcement standards act, 1965 PA 203, MCL 28. See Michigan Laws 691.1803
  • Petitioner: means the individual who requests an extreme risk protection order in an action under section 5. See Michigan Laws 691.1803
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • Respondent: means the individual against whom an extreme risk protection order is requested in an action under section 5. See Michigan Laws 691.1803
  • state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
  • Summons: Another word for subpoena used by the criminal justice system.
  •   (1) An individual described in subsection (2) may file an action in the family division of the circuit court requesting the court to enter an extreme risk protection order.
      (2) Any of the following may file an action under this section:
      (a) The spouse of the respondent.
      (b) A former spouse of the respondent.
      (c) An individual who has a child in common with the respondent.
      (d) An individual who has or has had a dating relationship with the respondent.
      (e) An individual who resides or has resided in the same household with the respondent.
      (f) A family member.
      (g) A guardian of the respondent.
      (h) A law enforcement officer.
      (i) A health care provider, if filing and maintaining the action does not violate requirements of the health insurance portability and accountability act of 1996, Public Law 104-191, or regulations promulgated under that act, 45 C.F.R. § part parts 160 and 164, or physician-patient confidentiality.
      (3) An individual who files an action under this section shall do so by filing a summons and complaint on forms approved by the state court administrative office as directed by the supreme court. The complaint must state facts that show that issuance of an extreme risk protection order is necessary because the respondent can reasonably be expected within the near future to intentionally or unintentionally seriously physically injure himself, herself, or another individual by possessing a firearm, and has engaged in an act or acts or made significant threats that are substantially supportive of the expectation.
      (4) An individual may file an action under this section regardless of whether the respondent owns or possesses a firearm.
      (5) If the respondent is 1 of the following individuals, and if the petitioner knows the respondent is 1 of the following individuals, the petitioner shall state that in the complaint:
      (a) An individual who is required to carry a pistol as a condition of the individual’s employment and is issued a license to carry a concealed pistol.
      (b) A police officer licensed or certified under the Michigan commission on law enforcement standards act, 1965 PA 203, MCL 28.601 to 28.615.
      (c) A sheriff.
      (d) A deputy sheriff.
      (e) A member of the department of state police.
      (f) A local corrections officer.
      (g) An employee of the department of corrections.
      (h) A federal law enforcement officer who carries a pistol during the normal course of the officer’s employment or an officer of the Federal Bureau of Prisons.
      (6) If the petitioner knows or believes that the respondent owns or possesses firearms, the petitioner shall state that in the complaint and, to the extent possible, identify the firearms, giving their location and any additional information that would help a law enforcement officer to find the firearms.
      (7) In an action under this section, the address of the petitioner must not be disclosed in any pleading or paper or otherwise. The clerk of the court shall maintain the petitioner’s address as confidential in the court file. The clerk shall provide notice of hearing to the petitioner, using the confidential address, for any motion filed by the respondent or any hearing otherwise scheduled by the court.
      (8) Any of the following is a proper county in which to file an action under this section:
      (a) If the respondent is an adult, any county in this state, regardless of the residency or location of any party.
      (b) If the respondent is a minor, either the petitioner’s or respondent’s county of residence.
      (c) If the respondent does not reside in this state, in the petitioner’s county of residence.