Motion for reconsideration of the issuance of a PPO; Harmless error; Amendment of the allegations supporting the petition at the MCR 3.705 hearing; Due process; Notice; “Stalking”; MCL 750.411h, 411i, & 411s

The court affirmed the trial court’s issuance of a PPO to petitioner-SWB following a hearing and the subsequent denial of respondent-KJP’s timely motion for reconsideration. On appeal, respondent contended “the trial court: (1) abused its discretion in denying its authority to consider respondent’s motion for reconsideration of the issuance of the PPO; (2) violated respondent’s right to due process in permitting petitioner to amend the allegations supporting his petition at the MCR 3.705 hearing; and (3) abused its discretion by granting a PPO where petitioner did not allege facts that constitute ‘stalking’ as defined by MCL 750.411h.” The court first held that respondent was correct that “the trial court erred in finding that motions for reconsideration are not permitted in personal protection proceedings under subchapter 3.700 of the” MCRs. As to whether this error required any substantive relief, it turned to the harmless error rule, MCR 2.613(A). It held that given “the trial court’s explication of its resolution of the matter at the PPO hearing and the” court’s own “analysis of respondent’s arguments,” respondent would not “have been entitled to relief on a motion for reconsideration had it been substantively considered by the trial court.” Thus, it found the trial court’s error “in failing to substantively consider the motion for reconsideration was harmless and that allowing that order to stand is not inconsistent with substantial justice.” The court also concluded “the procedural due process and notice requirements for the issuance of a PPO under the Michigan court rules were satisfied in this case.” Finally, it found “no abuse of discretion in the trial court’s finding that . . . three separate instances of conduct by respondent ‘constitute stalking as defined in’” MCL 750.411h or 411i, or conduct prohibited under MCL 750.411s.