Michigan Laws 691.1813 – Service of extreme risk protection order
Current as of: 2024 | Check for updates
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Terms Used In Michigan Laws 691.1813
- Extreme risk protection order: means an order issued by a court under section 7. 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
- person: may extend and be applied to bodies politic and corporate, as well as to individuals. See Michigan Laws 8.3l
- Petitioner: means the individual who requests an extreme risk protection order in an action under section 5. See Michigan Laws 691.1803
- Restrained individual: means the individual against whom an extreme risk protection order has been issued and is in effect. See Michigan Laws 691.1803
(1) Except as provided in subsection (2), an extreme risk protection order must be served on the restrained individual in person, by registered or certified mail, return receipt requested, by delivery to the last known address of the restrained individual, or by any other means allowed under Michigan court rules as decided by the court.
(2) If the court has ordered the immediate surrender of the individual’s firearms, the order must be served personally by a law enforcement officer. If the restrained individual has not been served, a law enforcement officer who knows that the order exists may, at any time, serve the restrained individual with a true copy of the order or advise the restrained individual of the existence of the order, the specific conduct enjoined, the penalties for violating the order, and where the restrained individual may obtain a copy of the order.
(3) The individual who serves an extreme risk protection order or the law enforcement officer who gives oral notice of the order shall file proof of service or proof of oral notice with the clerk of the court that issued the order and the petitioner.