Michigan Laws 691.1817 – Issuance of extended extreme risk protection order
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Terms Used In Michigan Laws 691.1817
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- 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
- 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
The petitioner may move the court to issue, or the court on its own motion may issue, 1 or more extended extreme risk protection orders, each effective for 1 year after the expiration of the preceding order. The court shall only issue an extended order under this section if the preponderance of the evidence shows that the restrained individual 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. The petitioner or the court, as applicable, shall give the restrained individual written notice of a hearing on a motion to extend the order.