Appeal of deposit for possession of property modified, and electronic service for order for protection and restraining order permitted.
Impact
By outlining the process for a petitioner to notify property owners and the requirements for making a deposit prior to taking possession, HF3012 provides clarity on property rights and obligations. This change is expected to streamline the transition of property rights and may decrease disputes over possession. Furthermore, the permission for electronic service of court orders facilitates quicker notification to respondents, which is crucial in cases involving protection from harassment or abuse, ultimately supporting victims' rights and safety.
Summary
House Bill 3012 aims to modify legal procedures surrounding the appeal of property possession and the service of protection and restraining orders. This bill specifically addresses two main areas: the appeal process for property possession and the means by which orders of protection can be served electronically. It establishes new rules for how petitioners can take possession of property prior to court awards and introduces electronic methods for serving court orders, reflecting advancements in technology and providing a more efficient legal process.
Contention
While the bill is largely regarded as a step forward in enhancing judicial efficiency, some concerns have been raised regarding the implications of electronic service. Critics worry that electronic notifications may not adequately ensure that all parties receive necessary information, particularly in cases where respondents may not have reliable internet access. Additionally, the provisions regarding possession and the requirements for deposit have sparked discussions around the balance between legal formalities and the rights of property owners versus those seeking recovery of possession.
Personal service of orders for protection, restraining orders, and related notices provided; law enforcement officers required to make reasonable efforts to locate respondents; certain orders for protection and harassment restraining orders allowed to be served by mail; mail orders dismissing harassment restraining orders mail service allowed; probation agents and others required to assist law enforcement officers in locating respondents; notice of served orders for protection or harassment restraining orders required to be provided to probation officers; Task Force on Domestic Violence and Firearms established; and report required.
Custodian of a petitioner's minor children required to receive notice of any order for protection, hearing on an order for protection, and cancellation or modification of an order for protection.
Custodian of a petitioner's minor children notice of any order of protection, hearing on an order for protection, and cancellation or modification of an order of protection requirement
Civil procedure: personal protection orders; instances in which a personal protection order may be issued; modify. Amends secs. 2950 & 2950a of 1961 PA 236 (MCL 600.2950 & 600.2950a).
Criminal procedure: sentencing; mandatory sentencing for certain crimes in the revised judicature act; require. Amends sec. 2950 of 1961 PA 236 (MCL 600.2950).