Fill and Sign the Motion and Order to Show Cause for Violating Valid Form

Motion and Order to Show Cause for ViolatingValid Personal/Foreign Protection Order Use this form if the respondent has violated a valid personal/foreign protection order and has not been arrested and you want the court to order him/her into court to answer to a contempt charge. (Form CC 382) By filling in this form, you are asking the court to order the respondent into court to answer acontempt charge. You must have the form datedand signed by a notary public. INSTRUCTIONS FOR COMPLETING "MOTION AND ORDER TO SHOW CAUSE FOR VIOLATING VALID PERSONAL/FOREIGN PROTECTION ORDER" Use this form if the respondent has violated your valid personal/foreign protection order and you want the court to order him/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 each item. 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 clerkwill 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). If the date ofbirth for the respondent is known, please include it. 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 order. If you don't 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 four 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 one set of supporting documents for the judge. Keep the white copy and 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 have the blue, pink, and yellow copies. 3. You must have the blue copy with one 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 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. AFFIDAVIT AND MOTION 1. 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 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 bench warrant 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 a ffidavit. Subscribed and sworn to before me on , County, Michigan. My commission expires: Signature: Notary public, State of Michigan, County of ORDER IT IS ORDERED: 5. The respondent is ordered to appear before this court on at 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 respondent's arrest. The petitioner 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 to help you fully participate in court proceedings, please contact the court immediately to make arrangements. Court address Court telephone no. Approved, SCAO STATE OF MICHIGAN CASE NO. JUDICIAL CIRCUIT COUNTY Original - Court 1st copy - Judge/Assignment clerk (green) 2nd copy - Respondent (blue) 3rd copy - Petitioner (pink) 4th copy - Return (yellow) MOTION AND ORDER TO SHOW CAUSE FOR VIOLATING VALID PERSONAL/FOREIGN PROTECTION ORDER Respondent's name, address, and telephone no. Petitioner's name v Address and telephone no. where court can reach petitioner CC 382 (3/10) MOTION AND ORDER TO SHOW CAUSE FOR VIOLATING VALID PERSONAL/FOREIGN PROTECTION ORDER In 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) DC B A Signature Date E Judge Date Bar no. Date of birth, if known Date Time Date Approved, SCAO STATE OF MICHIGANCASE NO. JUDICIAL CIRCUIT COUNTY Original - Court 1st copy - Judge/Assignment clerk (green)2nd copy - Resondent (blue)3rd copy - Petitioner (pink)4th copy - Return (yellow) MOTION AND ORDER TO SHOW CAUSE FOR VIOLATING VALID PERSONAL/FOREIGN PROTECTION ORDER CC 382 MOTION AND ORDER TO SHOW CAUSE FOR VIOLATING VALID PERSONAL/FOREIGN PROTECTION ORDER In the matter of contempt of A Respondent's name, address, and telephone no. Petitioner's name v B 2. Continued: The respondent has violated this order by doing the following: D PROOF OF SERVICE TO PROCESS SERVER: You must serve the copies of the motion and order to show cause for violating a valid personal/foreign protection order and file proof of service with the court clerk. If you are unable to complete service, you must return this original and all copies to the court clerk. OFFICER CERTIFICATE AFFIDAVIT OF PROCESS SERVER I certify that I am a sheriff, deputy sheriff, bailiff, appointed court officer, or attorney for a party (MCR 2.104[A][2]), and that: (notarization not required) Being first duly sworn, I state that I am a legally competent adult who is not a party or an officer of a corporate party, and that: (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 Date Date Deputy court clerk/Notary public Signature Name (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 protecti on order on . ACKNOWLEDGMENT OF SERVICE Motion and Order to Show Cause for Violating Personal Protection Order Day, date, time Complete address of service Respondent's name I served a copy of the motion and order to show cause for violating a valid personal/foreign protection order by personal servi ce on: MCR 2.105(A) Case No. Signature of respondent Day, date, time I have personally attempted to serve a copy of the motion and order to show cause for violating a valid personal/foreign protec tion order on the following respondent and have been unable to complete service. Complete address of service Respondent's name I declare that the statements above are true to the best of my information, knowledge, and belief. Title $$ Service fee Miles traveled Fee Incorrect address fee Miles traveled Fee TOTAL FEE $$$