e-Journal Summary

e-Journal Number : 78728
Opinion Date : 12/29/2022
e-Journal Date : 01/18/2023
Court : Michigan Court of Appeals
Case Name : In re CP
Practice Area(s) : Criminal Law Personal Protection Orders
Judge(s) : Per Curiam - Patel, Cameron, and Letica
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Issues:

Criminal contempt of court; Jurisdiction; Motion to show cause; MCL 764.15b(7); MCR 3.708(G); In re LT

Summary

Holding that the trial court lacked jurisdiction to adjudicate this case, the court reversed and remanded. Respondent-ex-husband was found guilty of criminal contempt of court for violating a domestic PPO. His sentence included a fine, which the trial court would waive if he completed a deposition in his divorce case. On appeal, the court found the trial court lacked jurisdiction to adjudicate petitioner-ex-wife’s motion to show cause. “[P]etitioner appeared in propria persona and no prosecutor appeared. Therefore, the trial court lacked authority to proceed with [her] motion to show cause and it should have dismissed the motion on this basis. Because the trial court proceeded without jurisdictional authority, its finding of guilt against respondent is void.”

Full PDF Opinion