By Tim Cole, Management
Analyst, Friend of the Court Bureau and Stacy Westra, Management Analyst, Trial
Court Services
Sadly, domestic violence occurs
too often in domestic relations cases. Because of this, it is important that
county clerk and friend of the court (FOC) offices work together to ensure a
safe environment for domestic violence victims.
Initial Domestic Relations Case Filing
Cooperating to ensure a safe
environment starts when the domestic relations case’s initial pleadings are
filed. Parties to a domestic relations case must provide the FOC office with a
copy of all pleadings and other papers filed in the action. The copy must be
marked “friend of the court” and submitted to the court clerk at the time of
filing. The court clerk must send that copy to the FOC.[1] The transmission of the pleadings
or other court documents may be done electronically, or the FOC may be
electronically notified that the documents have been filed with the clerk.
The FOC should review the complaint
to determine if the plaintiff is requesting a personal protection order (PPO),
a protective order, or if there are allegations of domestic violence.[2] The clerk
of the court that issues a PPO is required to immediately notify the FOC office
that the PPO has been filed so that the FOC can keep the PPO petitioner’s and
any children’s information confidential. It is recommended that the clerk
provide the FOC with a copy of the PPO.[3]
Michigan’s PPO law (MCL
600.2950 et. seq.) only requires the clerk to notify the FOC of the PPO’s
issuance, but not of its modification, extension, or rescission. Moreover, the
statute does not indicate how the clerk is to discover whether the respondent
has access to information in FOC records, or where these records might be located.
In light of these difficulties, FOC personnel should check for changes to the
status of a PPO before taking any action in reliance on it. FOC staff should
also ask the parties about the existence or status of PPOs each time staff interacts
with the parties.
When the Friend of the Court Receives Domestic Violence Information
In addition to the clerk notifying the FOC of PPOs, the Michigan Child Support Enforcement System (MiCSES) receives PPO information through an interface with Law Enforcement Information Network (LEIN) on a weekly basis. Although the PPO information is sent to MiCSES through LEIN, FOC staff should still verify if a PPO is actually signed by the court.
If a PPO is signed by the
court, the family violence indicator (FVI) should be set accordingly in MiCSES.
The FVI will suppress the victim’s address and other identifying information.
When the FVI has been set for a custodial parent in any action, the family
violence indicator will also be set for all minors for whom the individual is the
custodial parent.
Verified Statements and Confidentiality
In actions involving a minor, child support, or spousal support, the party seeking relief must provide a Verified Statement that contains income and identifying information to the FOC and must attach a copy to papers served on the other party.[4] Confidentiality of information in the Verified Statement is governed by MCR 3.206(C)(2).[5] Under this rule, a party seeking to protect his or her identifying information from the other party must show “good cause” to do so.
If any required information is
omitted, the party must explain the omission in an affidavit filed with the
court.[6] The county
clerk should forward the FOC a paper or electronic copy of the affidavit.
FOC staff should review the Verified
Statement. If the plaintiff’s address is omitted, FOC staff should check with
the court to obtain the address the plaintiff submitted for purposes of the
court serving papers (the “alternate address”). Omission of the plaintiff’s
address could be an indication that there are domestic violence issues in the
case, and FOC staff should pay particular attention to safety concerns.
Courts Can Ensure Safety
A review of the pleadings and motion papers may alert the court to the presence of violence in a case, but courts with heavy caseloads may not have time for this process. In these courts, a review of the pleadings and motion papers might be done in cases where there are other indicators that violence is at issue, such as a PPO issued against one of the parties, or a pending criminal matter.
In some Michigan counties, a
designated person acts as a “PPO Coordinator” or “PPO Specialist,” assisting
petitioners as they work through the court’s PPO petition process. The family
division of the circuit court is authorized to provide domestic violence victim
advocates to assist victims of domestic violence in obtaining personal
protection orders.[7]
Advocates may not represent or advocate for domestic violence victims in court,
but they may perform a list of other duties (see MCL 600.916).
If FOC personnel have information
about domestic violence issues a, they can take steps to ensure the safety of
the parties as the case is processed. If necessary, the court can limit access
to records, set up separate meetings with the parties, stagger arrival and departure
times, or arrange for extra security.
The FOC should inform the
county clerk and court staff when a domestic violence victim and perpetrator
have a hearing scheduled in the courthouse. Efforts should be made to ensure
that the perpetrator and victim are not in the same waiting area prior to the
hearing.
Building the Relationship
FOC and court clerk staff should share information to ensure that each is aware of PPOs and protection orders between parties. Ideas for enhancing the information-sharing relationship include: scheduling regular meetings for the two offices; establishing a point of contact in each office for protection orders; and ensuring that FOC staff has access to the court’s local case management systems.
For additional information or clarification
on this topic, contact Tim Cole at ColeT@courts.mi.gov
or Stacy Westra at WestraS@courts.mi.gov.
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| Tim Cole |
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| Stacy Westra |
[1]
MCR
3.203(G). Service of Notice and Court Papers in Domestic
Relations Cases; Notice to Friend of the Court.
[2]
MCR
3.206(A)(6). Initiating a Case; Information in Case
Initiating Document.
[3]
MCL
600.2950(15)(f). The clerk of the court that issues a
personal protection order must notify the friend of the court about the
existence of the personal protection order “…if the respondent is identified in
the pleadings as being a person who may have access to information concerning
the petitioner or a child of the petitioner or respondent and that information
is contained in friend of the court records.”
[4]
MCR
3.206(C)(1). Initiating a Case; Verified Statement.
[5]
MCR
3.206(C)(2) states: “The information in the verified
statement is confidential and is not to be released other than to the court,
the parties or attorneys for the parties, except on court order. For good
cause, the addresses of a party and minors may be omitted from the copy of the
statement that is served on the other party.”
[6]
MCR
3.206(C)(3). Initiating a Case; Verified Statement.
[7]
MCL
600.2950c. Assistance with personal protection order;
domestic violence victim advocate.
