Michigan Laws 600.2950i – Foreign protection order; validity; affirmative defenses
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(1) A foreign protection order is valid if all of the following conditions are met:
(a) The issuing court had jurisdiction over the parties and subject matter under the laws of the issuing state, tribe, or territory.
Terms Used In Michigan Laws 600.2950i
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- person: may extend and be applied to bodies politic and corporate, as well as to individuals. See Michigan Laws 8.3l
- 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
(b) Reasonable notice and opportunity to be heard is given to the respondent sufficient to protect the respondent’s right to due process. In the case of ex parte orders, notice and opportunity to be heard must be provided to the respondent within the time required by state or tribal law, and in any event within a reasonable time after the order is issued, sufficient to protect the respondent’s due process rights.
(2) All of the following may be affirmative defenses to any charge or process filed seeking enforcement of a foreign protection order:
(a) Lack of jurisdiction by the issuing court over the parties or subject matter.
(b) Failure to provide notice and opportunity to be heard.
(c) Lack of filing of a complaint, petition, or motion by or on behalf of a person seeking protection in a civil foreign protection order.